59 

Federal Aviation Administration, DOT 

§ 13.131 

Attorney General, 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, other than 

employees of the Federal Aviation Ad-
ministration, are entitled to the same 
fees and allowances as provided for 
under 28 U.S.C. 1821. 

§ 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 determines 

that the testimony of a witness or the 
receipt of an exhibit in accordance 
with paragraph (a) of this section will 
be relevant, competent, and material 
to the investigation, the presiding offi-
cer may subpoena the witness or use 
the exhibit during the investigation. 

§ 13.125

Depositions. 

Depositions for investigative pur-

poses may be taken at the discretion of 
the presiding officer with reasonable 
notice to the party under investiga-
tion. Depositions must be taken before 
the presiding officer or other person 
authorized to administer oaths and 
designated by the presiding officer. The 
testimony must be reduced to writing 
by the person taking the deposition, or 
under the direction of that person, and 
where possible must then be subscribed 
by the deponent. Any person may be 
compelled to appear and testify and to 
produce physical and documentary evi-
dence. 

§ 13.127

Reports, decisions, and orders. 

The presiding officer must issue a 

written report based on the record de-
veloped during the formal investiga-
tion, including a summary of principal 
conclusions. A summary of principal 
conclusions must be prepared by the of-
ficial who issued the order of investiga-
tion in every case that results in no ac-
tion, or no action as to a particular 
party to the investigation. All such re-
ports must be furnished to the parties 
to the investigation and made avail-
able to the public on request. 

§ 13.129

Post-investigation action. 

A decision on whether to initiate 

subsequent action must be made on the 
basis of the record developed during 
the formal investigation and any other 
information in the possession of the 
Administrator. 

§ 13.131

Other procedures. 

Any question concerning the scope or 

conduct of a formal investigation not 
covered in this subpart may be ruled on 
by the presiding officer on his or her 
own initiative, or on the motion of a 
party or a person testifying or pro-
ducing evidence. 

Subpart G—Rules of Practice In 

FAA Civil Penalty Actions 

S

OURCE

: Docket No. FAA-2018-1051; Amdt. 

No. 13-40, 86 FR 54538, Oct. 1, 2021, unless oth-
erwise noted. 

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