§ 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.

HISTORY

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).

Note

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(g), 12963.1 and 12963.3, Government Code.