Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 4-A - PROCEDURAL RULE: EQUAL EDUCATIONAL OPPORTUNITY › Section 071-4-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.