Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-A-07 - INVESTIGATION

Current through 2024-29, July 17, 2024
A.
Preliminary Investigation
After a complaint has been filed, pre-screened, notarized,
				  and assigned a case number, a Commission investigator will conduct such
				  preliminary and impartial investigation as is necessary. An investigation may
				  involve fact-finding meetings and interviews with the complainant, the
				  respondent, and any other persons whose statements may provide a source of
				  evidence. The investigator may record, by mechanical, electronic or other
				  means, all statements by all persons involved.
B.
Commission's Right of Access
The Commission's investigator shall have access at all
				  reasonable times to the premises, records, documents, individuals, and other
				  evidence or possible sources of evidence and may examine, record, and copy such
				  materials and take and record the testimony or statements of such persons as
				  are reasonably necessary for the furtherance of the investigation. The
				  Commission's investigators are hereby delegated the authority to administer
				  oaths.
The Commission and any representative shall have access to
				  individual educational records, only with the permission of parents or students
				  of majority age, in educational institutions governed by the Family Educational
				  Rights and Privacy Act of 1974, the Education of All Handicapped Children Act
				  of 1975, and 20-A M.R.S.A. §6001, except when a subpoena or court order
				  has been issued.
C.
Production of Evidence
Documents, records, files, or other possible sources of
				  evidence shall be produced within the time specified by a Commission
				  representative's written request for their production, unless the person
				  processing them demonstrates that production within the time specified would
				  impose an unjustifiable burden. Excessive delay or failure to produce the
				  requested materials may result in the issuance of a subpoena by the Commission
				  for their production.
D.
Subpoena Power
(1)
Form
: Subpoenas shall be issued in the name of the Maine Human
				Rights Commission, shall designate the Commission as recipient of the material
				or testimony specified, and shall designate a specific time and place for the
				production of the documents and/or testimony.
(2)
When Available
: A subpoena
				may be used to compel testimony or the production of documents whenever there
				is reasonable cause to believe that those materials or the testimony of the
				persons are material to the complaint.
(3)
Procedure
: When the
				Commission's Executive Director or Commission Counsel determines that there is
				reasonable cause to believe that testimony or documents being withheld are
				material to investigation of the complaint, the Executive Director or
				Commission Counsel may issue a subpoena.
The subpoena shall include: the name and address of the
				  respondent subject of the subpoena; if the subject of the subpoena is not an
				  individual, the name of the senior officer or person in charge; a brief
				  description of the documents requested and/or the name and title of the
				  person(s) whose testimony is requested; and the date, time and place such
				  production and/or testimony is requested.
If a subpoena is issued, notice must be given to the
				  complainant and the respondent.
(4)
Service
. Subpoenas may be
				served by any person who is not a party to the proceeding and who is not less
				than eighteen (18) years of age. Service shall be made by delivering a copy of
				the subpoena to the person named therein and tendering to that person the fees
				and mileage paid to witnesses in the Superior Court of this State.
(5)
Return
: The person serving
				the subpoena shall make proof of service by filing the original of such
				subpoena and an affidavit of acknowledgment of service with the Commission.
				However, failure to make sure proof of service shall not affect the validity of
				such subpoena and service.
(6)
Enforcement
: If any person refuses to obey a subpoena, the
				Commission may apply to any justice of the Superior Court for an order
				compelling compliance with the subpoena.
(7)
Opposition
: Any person
				served with a subpoena may oppose it by applying for judicial review in
				Superior Court.