(1)
Question witnesses, provided the questions are relevant and material to the matters underinvestigationand would notunduly impedetheprogressof the investigation; and
(2)
Make objections on the record and argue the basis for such objections.
(d)
Copies of all notices or written communications sent to aparty or witness shall upon request be sent to that person’s attorney of record.
FAR 13.119 : Rights of persons against self-incrimination.
(a)
Whenever a person refuses, on the basis of a privilege against self-incrimination, to testify orprovide otherinformationduring the course of any investigation conduc-ted under this subpart, thePresidingO.cer may, with the approval of theAttorney General of theUnitedStates,issuean orderrequiring thepersontogivetestimony
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Elodie Roux. Septembre 2003
Subpart F : Formal Fact-Finding Investigation Under an Order of Investigation
orprovide otherinformation.However, notestimony or otherinformation so com-pelled (or any information directly or indirectly derived from such testimony or other information) may be used against the person in any criminal case, except in a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
(b)
The Presiding O.cer may issue an order under this section if –
(1)
The testimony or other information from the witness may be necessary to the publicinterest; and
(2)
The witness has refused or is likely to refuse to testify or provide other infor-mation on the basis of a privilege against self-incrimination.
(c)
Immunity provided by this section will not become e.ective until the person has refusedtotestify orprovide otherinformation onthebasis of aprivilege against self-incrimination, and an order under this section has been issued. An order, however, may be issued prospectively to become e.ective in the event of a claim of the privilege.
FAR 13.121 : Witness fees.
All witnesses appearing shallbe compensated at the same rate as a witness appearing before a United States District Court.
FAR 13.123 : Submission by party to the investigation.
(a)
During an investigation conducted under this subpart, a party may submit to the Presiding O.cer –
(1)
A list of witnesses to be called, specifying the subject matter of the expected testimony of each witness, and
(2)
A list of exhibits to be considered for inclusion in the record.
(b)
If the Presiding O.cer 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 O.cer may subpoena the witness or use the exhibit during the investigation.
FAR 13.125 : Depositions.
Depositionsforinvestigativepurposes maybe taken at thediscretion of the Presiding O.cerwith reasonablenoticetotheparty underinvestigation.Suchdepositionsshallbe taken before the Presiding O.cer or other person authorized to administer oaths and designated by the Presiding O.cer. The testimony shall be reduced to writing by the person taking the deposition, or under the direction of that person, and where possible shall then be subscribed by the deponent. Any person may be compelled to appear and testify and to produce physical and documentary evidence.
FAR 13.127 : Reports, decisions and orders.
The Presiding O.cer shall issue a written report based on the record developed du-ring theformalinvestigation,including a summary ofprincipal conclusions.A summary of principal conclusions shall be prepared by the o.cial who issued the order of investi-gation in every case which results in no action, or no action as to a particular party to the investigation. All such reports shall be furnished to the parties to the investigation and .led in the public docket. Insertion of the report in the Public Docket shall consti-tute ”entering of record” and publication as prescribed by section 313(b) of the Federal Aviation Act.
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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(49)
