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14 CFR Ch. I (1–1–18 Edition) 

§ 13.113 

be considered as the time when service 
is made. 

(c) Subpoenas shall extend in juris-

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 
subpoena or order issued by the Pre-
siding Officer or the designee of the 
Presiding Officer, judicial enforcement 
may be initiated against that person 
under applicable statutes. 

§ 13.115

Public proceedings. 

(a) All investigative proceedings and 

depositions shall be public unless the 
Presiding Officer determines that the 
public interest requires otherwise. 

(b) The Presiding Officer may order 

information contained in any report or 
document filed or in any testimony 
given pursuant to this subpart with-
held from public disclosure when, in 
the judgment of the Presiding Officer, 
disclosure would adversely affect the 
interests of any person and is not re-
quired in the public interest or is not 
otherwise required by statute to be 
made available to the public. Any per-
son may make written objection to the 
public disclosure of such information, 
stating the grounds for such objection. 

§ 13.117

Conduct of investigative pro-

ceeding or deposition. 

(a) The Presiding Officer or the des-

ignee of the Presiding Officer may 
question witnesses. 

(b) Any witness may be accompanied 

by counsel. 

(c) Any party may be accompanied by 

counsel and either the party or counsel 
may— 

(1) Question witnesses, provided the 

questions are relevant and material to 
the matters under investigation and 
would not unduly impede the progress 
of the investigation; and 

(2) Make objections on the record and 

argue the basis for such objections. 

(d) Copies of all notices or written 

communications sent to a party or wit-
ness shall upon request be sent to that 
person’s attorney of record. 

§ 13.119

Rights of persons against self- 

incrimination. 

(a) Whenever a person refuses, on the 

basis of a privilege against self-in-
crimination, to testify or provide other 
information during the course of any 
investigation conducted under this sub-
part, the Presiding Officer may, with 
the approval of the Attorney General 
of the United States, issue an order re-
quiring the person to give testimony or 
provide other information. However, no 
testimony or other information so 
compelled (or any information directly 
or indirectly derived from such testi-
mony or other information) may be 
used against the person in any criminal 
case, except in a prosecution for per-
jury, giving a false statement, or oth-
erwise failing to comply with the 
order. 

(b) The Presiding Officer may issue 

an order under this section if— 

(1) The testimony or other informa-

tion from the witness may be necessary 
to the public interest; and 

(2) The witness has refused or is like-

ly to refuse to testify or provide other 
information on the basis of a privilege 
against self-incrimination. 

(c) Immunity provided by this sec-

tion will not become effective until the 
person has refused to testify or provide 
other information on the basis of a 
privilege against self-incrimination, 
and an order under this section has 
been issued. An order, however, may be 
issued prospectively to become effec-
tive in the event of a claim of the 
privilege. 

§ 13.121

Witness fees. 

All witnesses appearing shall be com-

pensated at the same rate as a witness 
appearing before a United States Dis-
trict Court. 

§ 13.123

Submission by party to the in-

vestigation. 

(a) During an investigation con-

ducted under this subpart, a party may 
submit to the Presiding Officer— 

(1) A list of witnesses to be called, 

specifying the subject matter of the ex-
pected testimony of each witness, and 

(2) A list of exhibits to be considered 

for inclusion in the record. 

(b) If the Presiding Officer deter-

mines that the testimony of a witness 

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