Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-206 - Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. By whom made:
				After a charge is filed and found to be in proper order, the Division shall
				make an investigation of the charge.
B. Position statements: The Division may
				request a party or witness to the proceeding to file on such forms as the
				Division prescribes a statement or report in writing, under oath, as to all the
				facts and circumstances concerning a charge filed with the Division pursuant to
				A.R.S. §
									41-1481.
C. Issuance of interrogatories: During the
				course of investigation, any member of the Division may cause to be issued
				interrogatories upon any party or witness to the proceedings.
D. Answers to be sworn to by answering party:
				Interrogatories issued pursuant to
				R10-3-206(C)
				shall require that the person addressed answer the interrogatories under
				oath.
E. Answers to interrogatories
				to be returned to the Division within 14 days of receipt: Interrogatories
				issued pursuant to
				R10-3-206(C)
				shall be answered and returned to the Division within 14 days of receipt of the
				interrogatories.
F. Extension of
				time for answering interrogatories: Any person served with interrogatories
				issued pursuant to
				R10-3-206(C)
				may request of the Division a reasonable extension of time in which to answer
				the interrogatories. In no event, shall such extension of time exceed 21 days
				from the original date upon which said interrogatories were due. In computing
				any time period under R10-3-206(A) through (E), such computation shall be
				governed by Rule 6A, Arizona Rules of Civil Procedure, A.R.S. Volume
				16.
G. Taking of evidence --
				investigation:
1. In connection with the
				investigation of a charge filed under the Act, the Division or its duly
				authorized employees shall at all reasonable times have access to, for the
				purpose of examination, and have the right to copy any evidence of any person
				being investigated, provided such evidence relates to unlawful practices
				covered by the Act and is relevant to the charge under investigation.
2. For the purpose of investigations
				conducted by the Division:
a. The Division may
				issue a subpoena compelling the attendance and testimony of witnesses or
				requiring the production for examination or copying of documents provided such
				evidence relates to unlawful practices covered by the Act and is relevant to
				the charge which is the subject matter of the hearing or investigation. Within
				five days after the service of a subpoena on any person requiring the
				production of any evidence in his possession or under his control, such person
				may petition the Division to revoke, limit or modify the subpoena. The Division
				shall revoke, limit or modify such subpoena if in its opinion the evidence
				required does not relate to unlawful practices covered by the Act, is not
				relevant to the charge which is the subject matter of the hearing or
				investigation does not describe with sufficient particularity the evidence
				whose production is required, or is unduly burdensome or oppressive. Any member
				of the Division, or any agent designated by the Division may administer oaths
				or affirmations, examine witnesses and receive such evidence.
b. Any person appearing before the Division
				shall have the right to be represented by counsel.
c. The Superior Court, upon application by
				the Division or by the person subpoenaed, shall have jurisdiction to issue an
				order
i. Requiring such person to appear
				before the Division, or its duly authorized agent, there to produce evidence
				relating to the matter under investigation if so ordered; or
ii. Revoking, limiting or modifying the
				subpoena or conditioning issuance of the subpoena upon payment of costs or
				expenses incurred to comply with the subpoena if in the court's opinion the
				evidence required does not relate to unlawful practices covered by the Act is
				not relevant to the charge which is the subject matter of the hearing or
				investigation, does not describe with sufficient particularity the evidence
				whose production is required or is unduly burdensome or oppressive.
Any failure to obey such order of the court may be punished
				  by such court as a contempt.