Code of Federal Regulations - Title 14

Federal Aviation Administration, DOT

§ 13.113

§ 13.87

Extension of time.

(a) The official who issued the notice

of proposed order of compliance, for
good cause shown, may grant an exten-
sion of time to file any document spec-
ified in this subpart, except documents
to be filed with the Administrator.

(b) Extensions of time to file docu-

ments with the Administrator may be
granted by the Administrator upon
written request, served upon all par-
ties, and for good cause shown.

Subpart F—Formal Fact-Finding In-

vestigation Under an Order of
Investigation

§ 13.101

Applicability.

(a) This subpart applies to fact-find-

ing investigations in which an order of
investigation has been issued under
§ 13.3(c) or § 13.5(i) of this part.

(b) This subpart does not limit the

authority of duly designated persons to
issue subpoenas, administer oaths, ex-
amine witnesses and receive evidence
in any informal investigation as pro-
vided for in sections 313 and 1004(a) of
the Federal Aviation Act (49 U.S.C. 1354
and 1484(a)) and section 109(a) of the
Hazardous Materials Transportation
Act (49 U.S.C. 1808(a)).

§ 13.103

Order of investigation.

The order of investigation—
(a) Defines the scope of the investiga-

tion by describing the information
sought in terms of its subject matter
or its relevancy to specified FAA func-
tions;

(b) Sets forth the form of the inves-

tigation which may be either by indi-
vidual deposition or investigative pro-
ceeding or both; and

ized to conduct the investigation and
serve as the Presiding Officer.

§ 13.105

Notification.

Any person under investigation and

any person required to testify and
produce documentary or physical evi-
dence during the investigation will be
advised of the purpose of the investiga-
tion, and of the place where the inves-
tigative proceeding or deposition will
be convened. This may be accomplished
by a notice of investigation or by a

subpoena. A copy of the order of inves-
tigation may be sent to such persons,
when appropriate.

§ 13.107

Designation of additional par-

ties.

(a) The Presiding Officer may des-

ignate additional persons as parties to
the investigation, if in the discretion of
the Presiding Officer, it will aid in the
conduct of the investigation.

(b) The Presiding Officer may des-

ignate any person as a party to the in-
vestigation if that person—

(1) Petitions the Presiding Officer to

participate as a party; and

(2) Is so situated that the disposition

of the investigation may as a practical
matter impair the ability to protect
that person’s interest unless allowed to
participate as a party, and

(3) Is not adequately represented by

existing parties.

§ 13.109

Convening the investigation.

The investigation shall be conducted

at such place or places designated by
the Presiding Officer, and as conven-
ient to the parties involved as expedi-
tious and efficient handling of the in-
vestigation permits.

§ 13.111

Subpoenas.

(a) Upon motion of the Presiding Of-

ficer, or upon the request of a party to
the investigation, the Presiding Officer
may issue a subpoena directing any
person to appear at a designated time
and place to testify or to produce docu-
mentary or physical evidence relating
to any matter under investigation.

(b) Subpoenas shall be served by per-

sonal service, or upon an agent des-
ignated in writing for the purpose, or
by registered or certified mail ad-
dressed to such person or agent. When-
ever service is made by registered or
certified mail, the date of mailing shall
be considered as the time when service
is made.

diction throughout the United States
or any territory or possession thereof.

§ 13.113

Noncompliance with the in-

vestigative process.

If any person fails to comply with the

provisions of this subpart or with any

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