Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.14 - Investigative Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application of rule.
The provisions of rule
			 161-3.13 (216)
			 apply to subpoenas served prior to the issuance of the notice of hearing
			 described in rule
			 161-4.1
			 (216).
(2)
Prior to notice
			 of hearing.
The executive director, or designee, may issue subpoenas
			 prior to the issuance of a notice of hearing. Neither the complainant, except
			 when the commission is acting as the complainant, nor the respondent shall have
			 the right to demand that a subpoena be issued.
(3)
Initial information
			 request.
Before a subpoena is sought to determine whether the agency
			 should institute a contested case proceeding, the commission staff shall make a
			 request in written form of the person having possession, custody, or control of
			 the requested material or real evidence. The written request shall be either
			 hand delivered by a member of the commission staff or sent by certified mail,
			 return receipt requested. Where a person fails to provide requested information
			 a subpoena may be issued. A subpoena may be issued not less than seven days
			 after the written request has been delivered to the person having possession,
			 custody, or control of the requested materials.
(4)
Form of subpoena.
Every
			 subpoena shall state the name of the commission and the purpose for which the
			 subpoena is issued.
(5)
To
			 whom directed.
The subpoena shall be directed to a specific person, or
			 the person's attorney, or an officer, partner, or managing agent of any person
			 who is not a natural person. If the person having possession, custody, or
			 control of the requested material is unknown, the subpoena may be directed to
			 the "custodian of records" for the person who is known to have possession,
			 custody, or control of the requested material or real evidence. The subpoena
			 shall command the person to whom it is directed to produce designated books,
			 papers, or other real evidence in the possession, custody, or control of that
			 person at a specified time and place. Where a public hearing has been
			 scheduled, the subpoena may command the person to whom it is directed to attend
			 and give testimony.
(6)
Method of service.
The subpoena shall be served either by
			 personal service by an official authorized by law to serve subpoenas or by any
			 member of the commission staff by delivery of a copy to the person named
			 therein. Service which is accomplished in accord with the Iowa Rules of Civil
			 Procedure governing personal service is sufficient for the purpose of service
			 of subpoenas under these rules.
(7)
Proof of service.
Where service is accomplished by personal
			 service, proof of service will be by acknowledgment of receipt by the person
			 served or by the affidavit of the person serving the subpoena. Failure to make
			 proof of service shall not affect the validity of the service.
(8)
Objections to subpoena.
a. Any person who intends not to comply with
			 all or part of a subpoena issued by the commission shall promptly petition the
			 executive director to revoke or modify the subpoena. The petition shall
			 separately identify each portion of the subpoena with which the petitioner does
			 not intend to comply and shall state, with respect to each such portion, the
			 grounds upon which the petitioner relies. A copy of the subpoena shall be
			 attached to the petition. The executive director or designee may as soon as
			 practicable make a final determination upon the petition. The commission shall
			 then mail the determination of the petition by regular mail to the
			 petitioner
b. In general, the
			 grounds for modification or revocation of a subpoena are:
(1) The subpoena is not within the statutory
			 authority of the commission;
(2)
			 The subpoena is not reasonably specific;
(3) The subpoena is unduly
			 burdensome;
(4) The subpoena is not
			 reasonably relevant to matters under investigation.
c. To ensure prompt processing of a petition
			 to revoke or modify a subpoena such a petition should be captioned "Motion to
			 Quash" or "Petition to Modify/Revoke Subpoena" or some substantially similar
			 title. The case number assigned to the case should appear on the petition. The
			 petition should be directed to the attention of the executive director of the
			 commission.