The department, any member, the director, or any officer or employee of the department designated by it may hold investigations, inquiries, and hearings concerning matters covered by this part and the rules and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public and, except as provided in Section 21691, shall be held upon such call or notice as the department deems advisable. Each member of the department, the director, and every officer or employee of the department designated by it to hold any inquiry, investigation, or hearing may administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books, and documents. If any person fails to comply with any subpoenas or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction. The court may order such person to comply with the requirements of the subpoena or order to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt.
State Aeronautics ActProceedings
Section § 21692
This section allows the department responsible for aeronautics in California, including its members and employees, to conduct investigations and hold public hearings on aeronautics matters and related accidents. They have the authority to require witnesses to provide testimony and documents by issuing subpoenas. If someone refuses to comply with these subpoenas, the department can ask a court to enforce compliance. Ignoring a court order can lead to a contempt charge.
aeronautics investigations public hearings subpoenas
Section § 21693
This section states that reports from investigations or hearings by the aeronautics department cannot be used as evidence in legal cases related to those investigations, unless the case is initiated by the department or the state. Department members and employees cannot be forced to testify about what they learned officially or act as expert witnesses in aircraft-related cases. Despite these restrictions, the department can share investigation details with federal, state, or local authorities.
In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the reports of investigations or hearings or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in the investigation, hearing, or report, except in case of any suit, action, or proceeding, civil or criminal, instituted by or in behalf of the department or in the name of the state under the provisions of this part or other laws of the state relating to aeronautics. Any member of the department, the director, or any officer or employee of the department shall not be required to testify to any facts ascertained in, or information gained by reason of, his official capacity, nor be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft. Subject to these limitations, the department may make available to appropriate federal, state, and political subdivision agencies information and material developed in the course of its investigations and hearings.
aeronautics investigations public safety reports as evidence
Section § 21694
This section states that if the department issues an order, they must explain why the order is being given and detail what actions need to be taken or what requirements must be met. The order must be delivered to the person affected, either in person or by registered mail. If someone disagrees with the order, they have the right to ask the courts to review the department's decision using legal procedures.
Every order of the department requiring performance of certain acts or compliance with certain requirements shall set forth the reasons, state the acts to be done or requirements to be met, and be served upon the person affected either by registered mail or in person. Any person aggrieved by an order of the department may have the action of the department reviewed by the courts in the manner provided by law.
department order delivery reason for order required acts
