73
Federal Aviation Administration, DOT
§ 13.230
(b) The administrative law judge
must grant the motion to withhold if,
based on the motion and any response
to the motion, the administrative law
judge determines that: Disclosure
would be detrimental to aviation safe-
ty; disclosure would not be in the pub-
lic interest; or the information is not
otherwise required to be made avail-
able to the public.
§ 13.227
Expert or opinion witnesses.
An employee of the agency may not
be called as an expert or opinion wit-
ness for any party other than the FAA
in any proceeding governed by this sub-
part. An employee of a respondent may
not be called by an agency attorney as
an expert or opinion witness for the
FAA in any proceeding governed by
this subpart to which the respondent is
a party.
§ 13.228
Subpoenas.
(a)
Request for subpoena. The adminis-
trative law judge, upon application by
any party to the proceeding, may issue
subpoenas requiring the attendance of
witnesses or the production of docu-
ments or tangible things at a hearing
or for the purpose of taking deposi-
tions, as permitted by law. A request
for a subpoena must show its general
relevance and reasonable scope. The
party must serve the subpoena on the
witness or the holder of the documents
or tangible items as permitted by ap-
plicable statute. A request for a sub-
poena must be filed and served in ac-
cordance with §§ 13.210 and 13.211, re-
spectively. Absent good cause shown,
the filing and service must be com-
pleted as follows:
(1) Not later than 15 days before a
scheduled deposition under the sub-
poena; or
(2) Not later than 30 days before a
scheduled hearing where attendance at
the hearing is sought.
(b)
Motion to quash or modify the sub-
poena. A party, or any person upon
whom a subpoena has been served, may
file in the FAA Hearing Docket a mo-
tion to quash or modify the subpoena
and must serve a copy on the adminis-
trative law judge and each party at or
before the time specified in the sub-
poena for compliance. The movant
must describe, in detail, the basis for
the motion to quash or modify the sub-
poena including, but not limited to, a
statement that the testimony, docu-
ment, or tangible evidence is not rel-
evant to the proceeding, that the sub-
poena is not reasonably tailored to the
scope of the proceeding, or that the
subpoena is unreasonable and oppres-
sive. A motion to quash or modify the
subpoena will stay the effect of the
subpoena pending a decision by the ad-
ministrative law judge on the motion.
(c)
Enforcement of subpoena. Upon a
showing that a person has failed or re-
fused to comply with a subpoena, a
party may apply to the appropriate
U.S. district court to seek judicial en-
forcement of the subpoena.
§ 13.229
Witness fees.
(a)
General. The party who applies for
a subpoena to compel the attendance of
a witness at a deposition or hearing, or
the party at whose request a witness
appears at a deposition or hearing,
must pay the witness fees described in
this section.
(b)
Amount. Except for an employee
of the agency who appears at the direc-
tion of the agency, a witness who ap-
pears at a deposition or hearing is enti-
tled to the same fees and allowances
provided for under 28 U.S.C. 1821.
§ 13.230
Record.
(a)
Exclusive record. The pleadings,
transcripts of the hearing and pre-
hearing conferences, exhibits admitted
into evidence, rulings, motions, appli-
cations, requests, briefs, and responses
thereto, constitute the exclusive record
for decision of the proceedings and the
basis for the issuance of any orders in
the proceeding. Any proceedings re-
garding the disqualification of an ad-
ministrative law judge must be in-
cluded in the record. Though only ex-
hibits admitted into evidence are part
of the record before an administrative
law judge, evidence proffered but not
admitted is also part of the record on
appeal, as provided by § 13.225.
(b)
Examination and copying of record.
The parties may examine the record at
the FAA Hearing Docket and may ob-
tain copies of the record upon payment
of applicable fees. Any other person
may obtain copies of the releasable
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