Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-306 - Investigations and hearings

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. §
									41-1471.
C. Issuance of interrogatories: During the
				course of investigation, the Division may cause to be issued interrogatories
				upon any party or witness to the proceeding.
D. Answers to be sworn to by answering party:
				Interrogatories issued pursuant to
				R10-3-306(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
				R10-3-306(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 R10-3-306(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
				R10-3-306(A) through
				(E), such computation shall be governed by
				Rule 6(A), Arizona Rules of Civil Procedure, A.R.S. Volume 16.
G. Taking of evidence -- investigation and
				hearing:
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 all hearings and
				investigations conducted by the Board or Division:
a. The Division, on its own initiative, or
				upon application of any party to the proceeding, 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
				or Board 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, the Board or the duly authorized agent of either, 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.
d. Where a subpoena is issued upon the motion
				of a party to the proceeding other than the Division, the cost of service,
				witness and mileage fees shall be borne by the party at whose request the
				subpoena is issued, unless otherwise ordered by the Division. Such witness and
				mileage fees shall be the same as are paid witnesses in the Superior Court of
				the state.