[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR305.12]

[Page 333-334]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 305_RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS--
Table of Contents
 
Sec. 305.12  Motions to quash or modify an investigation subpena.

    Any person upon whom an investigation subpena is served may, within 
seven (7) days after such service or at any time prior to the return 
date thereof, whichever is earlier, file a motion to quash or modify 
such subpena with the administrative law judge who issued such subpena, 
or in the event the administrative law judge is not available, with the 
chief administrative law judge for action by himself or herself or by 
the DOT decisionmaker. Such motions shall be made in writing in 
conformity with Rules 3 and 4 of the Rules of Practice (part 302 of this 
subchapter); shall state with particularity the grounds therefor and the 
relief sought; shall be accompanied by the evidence relied upon and all 
such factual matter shall be verified in accordance with the provisions 
of Rule 4(b) of the aforesaid Rules of Practice. Written memoranda or 
briefs may be filed with the motions, stating the points and authorities 
relied upon. No oral argument will be heard on such motions unless the 
chief administrative law judge, the administrative law judge or the DOT 
decisionmaker directs otherwise. A subpena will be quashed or modified 
if the evidence whose production is required is not reasonably relevant 
to the matter under investigation, or the demand made does not describe 
with sufficient particularity the information sought, or the subpena is 
unlawful or unduly burdensome. The filing of a motion to quash or modify 
an investigation subpena shall stay the return date of such subpena 
until such motion is granted or denied. The DOT decisionmaker may at any 
time review, upon his or her own initiative, the ruling of an 
administrative law judge or the chief administrative law

[[Page 334]]

judge denying a motion to quash a subpena. In such cases, the DOT 
decisionmaker may order that the return date of a subpena which he or 
she has elected to review be stayed pending DOT action thereon.

[Docket No. 82, 50 FR 2421, Jan. 16, 1985, as amended at 65 FR 6457, 
Feb. 9, 2000]