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时间:2011-10-19 22:02来源:蓝天飞行翻译 作者:航空
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The order of investigation –
(a)
De.nes the scope of the investigation by describing the information sought in terms ofits subject matter orits relevancy to speci.edFAAfunctions;

(b)
Setsforth theform of theinvestigation which maybe eitherbyindividualdeposition orinvestigativeproceeding orboth; and

(c)
Names the o.cial who is authorized to conduct the investigation and serve as the Presiding O.cer.


FAR 13.105 : Noti.cation.
Anyperson underinvestigation and anyperson required to testify andproducedocu-mentary or physical evidence during the investigation will be advised of the purpose of the investigation, and of the place where the investigative proceeding or deposition will be convened. This may be accomplished by a notice of investigation or by a subpoena. A copy of the order of investigation may be sent to such persons, when appropriate.
FAR 13.107 : Designation of additional parties.
(a)
The Presiding O.cer may designate additional persons as parties to the investiga-tion, if in the discretion of the Presiding O.cer, it will aid in the conduct of the investigation.

(b)
The Presiding O.cer may designate any person as a party to the investigation if that person –

(1)
Petitions the Presiding O.cer to participate as a party; and

(2)
Is so situatedthat thedisposition oftheinvestigation mayas apractical matter impair the abilitytoprotectthatperson’sinterestunless allowedtoparticipate as a party, and

(3)
Is not adequately represented by existing parties.

 


FAR 13.109 : Convening the investigation.
The investigation shall be conducted at such place or places designated by the Pre-siding O.cer, and as convenient to the parties involved as expeditious and e.cient handling of theinvestigationpermits.
FAR 13.111 : Subpoenas.
(a)
Upon motion of the Presiding O.cer, or upon the request of a party to the investi-gation,thePresiding O.cer may issue a subpoenadirecting anypersonto appear at a designated time and place to testify or to produce documentary or physical evidence relating to any matter under investigation.

(b)
Subpoenas shallbe servedbypersonalservice, or upon an agentdesignatedin writing for thepurpose, orby registered or certi.ed mail addressedto suchperson or agent. Whenever service is made by registered or certi.ed mail, the date of mailing shall be considered as the time when service is made.

(c)
Subpoenas shall extend injurisdiction throughout the United States or any territory orpossession thereof.


FAR 13.113 : Noncompliance with the investigative process.
If anypersonfails to comply with theprovisions of this subpart or with any subpoena or orderissuedby thePresiding O.cer orthedesignee of thePresiding O.cer,judicial enforcement may be initiated against that person under applicable statutes.
FAR 13.115 : Public proceedings.
(a)
All investigative proceedings and depositions shall be public unless the Presiding O.cer determines that the public interest requires otherwise.

(b)
The Presiding O.cer may order information contained in any report or document .led or in any testimony given pursuant to this subpart withheld from public dis-closure when,inthejudgment of thePresiding O.cer,disclosure would adversely a.ect the interests of any person and is not required in the public interest or is not otherwise required by statute to be made available to the public. Any person may make written objection to the public disclosure of such information, stating the grounds for such objection.

FAR 13.117 : Conduct of investigative proceeding or deposition.

(a)
ThePresidingO.cer orthedesignee ofthePresidingO.cer mayquestion witnesses.

(b)
Any witness may be accompanied by counsel.

(c)
Any party may be accompanied by counsel and either the party or counsel may –
 
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本文链接地址:FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(48)