Cal. Code Regs. Tit. 2, § 10059 - 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 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 so as to allow the individual 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, 12963.4 and 12980(c), Government Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.