
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
