Page:United States Statutes at Large Volume 108 Part 2.djvu/511

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1227 Proceedings before the Secretary and Administrator shall be open to the public on the request of an interested party unless the Secretary or Administrator decides that secrecy is required because of national defense. (d) CONFLICTS OF INTEREST. — The Secretary, the Administrator, or an officer or employee of the Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest. §46103. Service of notice, process, and actions (a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before, and an action of, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may be made. (2) The designation— (A) shall be in writing and filed with the Secretary or Administrator; and (B) may be changed in the same way as originally made. (b) SERVICE. — (1) Service may be made— (A) by personal service; (B) on a designated agent; or (C) by certified or registered mail to the person to be served or the designated agent of the person. (2) The date of service made by certified or registered mail is the date of mailing. (c) SERVING AGENTS. —Service on an agent designated under this section shall be made at the office or usual place of residence of the agent. If an air carrier or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary or Administrator. §46104. Evidence (a) GENERAL.— In conducting a hearing or investigation under this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may— (1) subpena witnesses and records related to a matter involved in the hearing or investigation from any place in the United States to the designated place of the hearing or investigation; (2) administer oaths; (3) examine witnesses; and (4) receive evidence at a place in the United States the Secretary or Administrator designates. (b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the Secretary, the Administrator, or a party to a proceeding before the Secretary or Administrator may petition a court of the United States to enforce the subpena. A judicial proceeding to enforce a subpena under this section may be brought in the jurisdiction in which the proceeding or investigation is conducted. The court may punish a failure to obey an order of the court to comply with the subpena as a contempt of court. (c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or Administrator may order a person to give testimony

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