§ 20217. Investigative Subpoenas.

(a) For purposes of investigation, the general counsel or his or her agents may issue and serve subpoenas requiring the production by persons at the respondent's place of business, or such other location as mutually agreed to by the respondent and the regional director, of any materials, including but not limited to books, records, correspondence or documents in their possession or under their control.

(b) The subpoena shall show on its face the name, address, and telephone number of the general counsel or his or her agent who has issued the subpoena. A copy of a declaration under penalty of perjury shall be served with a subpoena duces tecum, showing good cause for the production of the matters and things described in such subpoena. The declaration shall show specific facts justifying discovery and that the materials are relevant to the subject matter of the investigation or reasonably calculated to lead to the discovery of admissible evidence.

(c) Service of subpoenas shall be made pursuant to Labor Code Section 1151.4(a) or by certified mail. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance.

(d) Any person on whom an investigative subpoena is served who does not intend to comply shall, within five days after the date of service, petition in writing to revoke the subpoena. Such petition shall explain with particularity the grounds for objecting to each item covered by the petition. The petition to revoke shall be served upon the general counsel or his or her agent who issued the subpoena. The petition to revoke shall be filed with the executive secretary.

(e) The executive secretary shall revoke the subpoena if the materials required to be produced do not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the materials whose production is required, or the testimony or records sought are privileged or confidential or deal with a matter not subject to review, or the subpoena is otherwise invalid. A simple statement of the grounds for the ruling on the petition shall accompany the ruling. Adverse rulings may be appealed to the Board through the procedures outlined in Section 20242.

(f) When a person under subpoena refuses to produce the requested information on the basis of his or her privilege against self-incrimination, the general counsel or his or her agents may file a written request that the Board grant immunity and compel that person to produce the requested materials. Said request shall otherwise conform and be processed according to Section 20251; however, the Board shall rule directly on said request.

(g) Upon any other failure of any person to comply with an investigative subpoena, the general counsel may request that the Board apply to an appropriate superior court for an order requiring compliance in accord with Section 20250(k).

HISTORY

1. New section filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).

2. Amendment of subsection (d) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151(a) and 1160.2, Labor Code.