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14 CFR Ch. I (1–1–24 Edition) 

§ 13.107 

§ 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— 

(1) The person petitions the presiding 

officer to participate as a party; 

(2) The disposition of the investiga-

tion may as a practical matter impair 
the ability to protect the person’s in-
terest unless allowed to participate as 
a party; and 

(3) The person’s interest is not ade-

quately represented by existing par-
ties. 

§ 13.109

Convening the investigation. 

The presiding officer will conduct the 

investigation at a location convenient 
to the parties involved and as expedi-
tious and efficient as handling of the 
investigation permits. 

§ 13.111

Subpoenas. 

(a) At the discretion of the presiding 

officer, or at 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 must be served by per-

sonal service on the person or an agent 
designated in writing for the purpose, 
or by registered or certified mail ad-
dressed to the person or agent. When-
ever service is made by registered or 
certified mail, the date of mailing will 
be considered the time when service is 
made. 

(c) Subpoenas extend in jurisdiction 

throughout the United States and any 
territory or possession thereof. 

§ 13.113

Noncompliance with the in-

vestigative process. 

(a) If a person disobeys a subpoena, 

the Administrator or a party to the in-
vestigation may petition a court of the 
United States to enforce the subpoena 
in accordance with applicable statutes. 

(b) If a party to the investigation 

fails to comply with the provisions of 

this subpart or an order issued by the 
presiding officer, the Administrator 
may bring a civil action to enforce the 
requirements of this subpart or any 
order issued under this subpart in a 
court of the United States in accord-
ance with applicable statutes. 

§ 13.115

Public proceedings. 

(a) All investigative proceedings and 

depositions must 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 information, stat-
ing the grounds for such objection. 

§ 13.117

Conduct of investigative pro-

ceeding or deposition. 

(a) The presiding officer may ques-

tion 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 must, upon request, be sent to 
that person’s attorney of record. 

§ 13.119

Immunity and orders requir-

ing testimony or other information. 

(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 United States At-
torney General, or the delegate of the 

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