Cal. Code Regs. Tit. 2, § 10027 - Investigative Subpoenas
(a) During the course of an investigation,
the department may issue and serve upon a person, corporation, partnership,
association, public entity, or other organization a subpoena, on a form
prescribed by the department, to require the attendance and testimony of a
witness by deposition or other investigative proceeding or means including,
without limitation, an investigative interview.
(b) "Investigative interview" means an
in-person or telephonic interview of a witness, which the enforcement division
conducts during the investigation of a complaint. Investigative interviews are
distinct from investigative depositions. Witnesses examined by the department
pursuant to a subpoena for an investigative interview need not be placed under
oath and their testimony need not be recorded by stenographic or other means.
Objections, if any, made at the time of an investigative interview need not be
recorded, and evidence objected to may be considered by the department in its
investigation notwithstanding any objection.
(c) A subpoena for an investigative interview
or deposition, or other investigative proceeding, also may require the
production of books, records, documents, and physical materials in the
possession of, or under the control of, the person or organization named on the
subpoena.
(d) Service of a subpoena
for an investigative interview or deposition, or other investigative
proceeding, shall be made in compliance with section
12963.1(b)
of the Government Code in such manner as to allow the person or organization
named on the subpoena reasonable time for compliance. In no event shall an
investigative subpoena indicate a date for appearance or compliance that is
less than fifteen (15) days after the date service of the subpoena is
completed.
(e) No person named on a
subpoena for investigative interview or deposition, or other investigative
proceeding, shall be obliged to attend as a witness before the department at a
place out of the county in which that person resides, unless the distance is
less than 150 miles from the person's place of residence or good cause exists
to require attendance of the witness at greater distance. Each witness who has
appeared pursuant to an investigative subpoena shall, upon demand, be paid by
the department the same fees and mileage allowed by law to witnesses in civil
cases.
Notes
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(g), 12963.1 and 12963.3, Government Code.
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