§1321 — Title 49 Transportation | U.S. Code

Summary

Gives the Board the power to run and enforce the rules in this chapter and in subtitle IV. Listing one power does not stop the Board from having other powers it needs. The Board can make rules to carry out its duties. It can investigate and report on how carriers covered by subtitle IV are managed and can look into businesses that control, are controlled by, or share control with those carriers when that business affects carrier management. The Board can require those companies to provide information. If needed to prevent irreparable harm, the Board may issue an order without following subchapter II of chapter 5 of title 5. The Board can subpoena witnesses and records from anywhere in the United States and ask a federal court to enforce the subpoenas. Federal district courts can enforce subpoenas and punish refusal. The Board or a party may take sworn depositions, require documents with written notice, use approved officials to take testimony (including for witnesses abroad), file transcripts with the Board, and pay witnesses the same fees and travel costs that federal courts pay.

Title 49, §1321

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(a)The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV.

(b)The Board may—

(1)inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;

(2)inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;

(3)obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and

(4)when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.

(c)(1)The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena.

(2)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)(1)In a proceeding, the Board may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Board 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)If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.

(3)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)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)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)The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.

(e)Each witness summoned before the Board 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.

Editorial Notes

Amendments

2015—Pub. L. 114–110 renumbered section 721 of this title as this section.

§1321 Powers

Summary

Title 49, §1321

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata