Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 2 - PROCEDURAL RULE › Section 348-2-05 - INVESTIGATION

Current through 2024-29, July 17, 2024
A. After a complaint has been pre-screened,
				notarized, filed, and assigned a case number, a Commission investigator will
				conduct such preliminary and impartial investigation as is necessary. An
				investigation may involve meetings, conferences, and interviews with the
				complainant, the respondent, and any other persons whose statement may provide
				a source of evidence, but is not required to involve any particular
				investigative method. The investigator may record, by mechanical, electronic or
				other means, all statements by all persons involved. If the investigator calls
				for a meeting or conference, the parties shall be given reasonable advanced
				notice.
B. Any submission made by a
				party (or their attorney/representative) to the Commission must also be
				provided to all other parties to the case (or to their
				attorneys/representatives). Submissions provided by a party to another party
				shall be kept confidential during the course of the investigation, pursuant to
				section G(2), below. The parties should attempt to agree on a method for
				exchanging documents; a party making an electronic submission to the Commission
				must confirm whether the other parties are able to receive electronic
				submissions, and must send a physical copy to any party unable to do so. All
				submissions to the Commission shall contain a statement affirming that the
				submission was sent simultaneously to all other parties, and identifying the
				means of production to each of them.
C. The Commission's investigator shall have
				access at all reasonable times to 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 investigator shall maintain a written record of all interviews. The
				parties shall have the right to review the interview record, but the timing of
				such review shall be subject to the investigator's discretion.
D. Any party, witness, or attorney who makes
				an audio and/or visual recording of any portion of the Commission's
				investigation shall not do so without first notifying the Commission's
				investigator. If such a recording is made, the person making it must provide
				the Commission with a copy of the entire recording, or the recording may not be
				introduced into the investigation.
E. 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 possessing them shows cause to the Commission's representative 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. In the
				alternative, or in the event that the party still fails to provide the
				requested information after it is subpoenaed, the investigator may draw an
				adverse inference against the party which refuses to produce requested
				information.
Any information submitted to the Commission after the final
				  deadline for submissions, as set by the investigator, shall be considered by
				  the investigator only to the extent that it appears to the investigator that
				  the late-submitted information could change the investigator's recommended
				  finding(s) or it appears to Commission Counsel that the late-submitted
				  information changes the legal sufficiency of the report.
F.
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 the testimony or documents 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 such 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.