Ask X3What does 49 CFR 386.53 (Subpoenas, witness fees) require?
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Based on 49 CFR 386.53, here is what is required:
* Applying for a Subpoena: You must submit your application to the Agency Decisionmaker (or to the administrative law judge if a hearing has been called). The application must explain the general relevance and reasonable scope of the evidence you are seeking.
* Challenging a Subpoena: If someone is served with a subpoena, they have 7 days after service to file a motion to quash or modify it. This motion must be filed with the official who approved the subpoena, and filing it will pause (stay) the subpoena's effect until a decision is made.
* Witness Fees: Witnesses are entitled to the same fees and mileage paid to witnesses in U.S. courts. The party who requested or brought in the witness is responsible for paying these fees.
* FMCSA Officials and Documents: If you need the Administrator, FMCSA employees, or documents in their custody to attend a hearing, the rules for regular subpoenas do not apply. Instead, you must apply to the Agency Decisionmaker (or administrative law judge) and clearly state the need for and relevance of that evidence.