49 U.S. Code § 13301 - Powers
prev | next
(a) General Powers of Secretary.—
(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.
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.
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.
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.
(e) Witness Fees.—
(f) Powers of Board.—
Statutory Notes and Related Subsidiaries
Broker Guidance Relating to Federal Motor Carrier Safety Regulations
“(a) In General.—
“(b) Considerations.—In issuing guidance under subsection (a), the Secretary shall take into consideration—
the extent to which technology has changed the nature of freight brokerage;
the role of bona fide agents; and
other aspects of the freight transportation industry.
“(c) Dispatch Services.—In issuing guidance under subsection (a), the Secretary shall, at a minimum—
examine the role of a dispatch service in the transportation industry;
examine the extent to which dispatch services could be considered brokers or bona fide agents; and
The following state regulations pages link to this page.