49 U.S.C. 13301, General Powere of Secretary.

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[Laws in effect as of January 24, 2002]

[Document not affected by Public Laws enacted between

January 24, 2002 and December 19, 2002]

[CITE: 49USC13301]

TITLE 49--TRANSPORTATION

SUBTITLE IV--INTERSTATE TRANSPORTATION

PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

CHAPTER 133--ADMINISTRATIVE PROVISIONS

Sec. 13301. Powers

(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.

(Added Pub. L. 104-88, title I, Sec. 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, Sec. 102(a).

Effective Date

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub.

L. 104-88, see section 2 of Pub. L. 104-88, set out as a note under

section 701 of this title.