49 U.S. Code § 13301 - Powers

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(a) General Powers of Secretary.— Except as otherwise specified, the Secretary shall carry out this part. Enumeration of a power of the Secretary in this part does not exclude another power the Secretary may have in carrying out this part. The Secretary may prescribe regulations in carrying out this part.
(b) Obtaining Information.— The Secretary may obtain from carriers providing, and brokers for, transportation and service subject to this part, and from persons controlling, controlled by, or under common control with those carriers or brokers to the extent that the business of that person is related to the management of the business of that carrier or broker, information the Secretary decides is necessary to carry out this part.
(c) Subpoena Power.—
(1) By secretary.— The Secretary may subpoena witnesses and records related to a proceeding under this part from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Secretary, or a party to a proceeding under this part, may petition a court of the United States to enforce that subpoena.
(2) Enforcement.— The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d) Testimony of Witnesses.—
(1) Procedure for taking testimony.— In a proceeding under this part, the Secretary may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending under this part may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.
(2) Subpoena.— If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the Secretary may subpoena the witness to take a deposition, produce the records, or both.
(3) Depositions.— A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Notice of deposition.— Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) Transcript.— The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) Foreign country.— The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. A deposition shall be filed with the Secretary promptly.
(e) Witness Fees.— Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(f) Powers of Board.— For those provisions of this part that are specified to be carried out by the Board, the Board shall have the same powers as the Secretary has under this section.

Source

(Added Pub. L. 104–88, title I, § 103,Dec. 29, 1995, 109 Stat. 856.)
Prior Provisions

Provisions similar to those in this section were contained in section 10321 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
Effective Date

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 ofPub. L. 104–88, set out as a note under section 701 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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49 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


49 CFR - Transportation

49 CFR Part 356 - MOTOR CARRIER ROUTING REGULATIONS

49 CFR Part 365 - RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

49 CFR Part 367 - STANDARDS FOR REGISTRATION WITH STATES

49 CFR Part 368 - APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES.

49 CFR Part 370 - PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE

49 CFR Part 371 - BROKERS OF PROPERTY

49 CFR Part 373 - RECEIPTS AND BILLS

49 CFR Part 374 - PASSENGER CARRIER REGULATIONS

49 CFR Part 375 - TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS

49 CFR Part 376 - LEASE AND INTERCHANGE OF VEHICLES

49 CFR Part 377 - PAYMENT OF TRANSPORTATION CHARGES

49 CFR Part 379 - PRESERVATION OF RECORDS

49 CFR Part 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS

49 CFR Part 398 - TRANSPORTATION OF MIGRANT WORKERS

49 CFR Part 1003 - FORMS

49 CFR Part 1013 - GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS

49 CFR Part 1039 - EXEMPTIONS

49 CFR Part 1130 - INFORMAL COMPLAINTS

49 CFR Part 1132 - PROTESTS REQUESTING SUSPENSION AND INVESTIGATION OF COLLECTIVE RATEMAKING ACTIONS

 

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