California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 1 - Employment, Unruh Civil Rights Act (CIV. Code, Section 51 et seq.), Ralph Civil Rights Act (CIV. Code, Section 57), and Disabled Persons Act (CIV. Code, Section 54 et seq.) Complaints › Section 10027 - Investigative Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(g),
						12963.1
						and
						12963.3,
						Government Code.