Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 3 - Investigations and Investigative Powers › Section 142-3-002 - Investigative Stage

Current through June 17, 2024
3.002.01 Interrogatories
The Commission or its authorized agents may, at any time
				  after a charge is filed, issue or cause to be served interrogatories on any
				  person being investigated or proceeded against. Such interrogatories shall be
				  relevant or material to the investigation of the charge, and shall pursue the
				  presentation of evidence constituting part of the official record of the case
				  on which a finding may be made.
3.002.02 Access to Tangible Things
In connection with any investigation of a charge, the
				  Commission shall have at all reasonable times access to, for the purposes of
				  examination, and the right to copy any records, books, payrolls,
				  correspondence, documents, papers, or other evidence of any person being
				  investigated or proceeded against that are relevant to the
				  charge.
3.002.03 Testimony,
				Interviews and Other Evidence
Whenever undertaking any action or investigation contemplated
				  by Sections
				  48-1007
				  through
				  48-1009
				  of the Act, the Commission or its authorized agents may utilize any legal
				  process available through the district courts of the State of Nebraska, not
				  mentioned heretofore in these rules and regulations, to gain access to
				  evidence, records, testimony and other evidence relevant to the action or
				  charge under investigation. Such discovery and legal processes shall conform to
				  the rules of the district courts for the State of Nebraska.
The Commission or the Commission staff may contact
				  non-management persons employed by the Respondent or former management persons
				  without notifying the Respondent or Respondent's attorney.
The Respondent is entitled to have a representative present
				  during the interview of current management level employees. If a question
				  exists as to whether an employee is a management level employee, the Commission
				  shall make a determination as to the matter. In making the determination, the
				  Commission shall consider a variety of factors, including but not limited to
				  the employee's authority to hire, fire, discipline, assign tasks and make and
				  implement policies.
3.002.04
				Oaths and Affirmations
Any Commission staff member who is a notary public may
				  administer an oath or affirmation during the investigation of a
				  charge.
3.002.05 Recordings
All investigative interviews shall be recorded by Commission
				  staff unless a written and/or verbal objection is made by one of the parties.
				  Should such a written and/or verbal objection to the recording of an
				  investigative interview be received by the Commission, the objected recording
				  shall not be made. Recordings will be deleted nine (9) months after case with
				  which the recordings are associated is dismissed by the
				  Commission.
3.002.06 Witness
				and Mileage Fees
Where a subpoena is applied for and issued at the request of
				  a party to the proceedings, the cost of service and witness and mileage fees
				  associated with that subpoena shall be borne by the party at whose request it
				  has been issued. Such witness and mileage fees shall be the same as are paid
				  witnesses in the District Court of the State of Nebraska.
3.002.07 Witness Testimony
The testimony or deposition of any witness who resides
				  outside the State of Nebraska or who, because of illness or any other reason,
				  is unable to testify in an investigation may be taken within or without the
				  State of Nebraska in the same manner as provided for in civil cases under the
				  applicable law or laws of the State of Nebraska, as now in effect or hereafter
				  amended. The transcript of any such testimony or deposition, when duly
				  authenticated and filed with the Commission in any investigation, shall
				  constitute a part of the official record of the case.
3.002.08 Interference with Commission's
				Investigative Process
Any person who forcibly resists, opposes, impedes,
				  intimidates, or interferes with the Commission or any of its duly authorized
				  representatives while engaged in its, his or her duties under the Act shall be
				  guilty of a crime and may be fined and/or imprisoned in accordance with Section
				  48-1005 of
				  the Act.
After the charge has been filed and served on the Respondent,
				  neither party, during the Commission's investigative process, is allowed to
				  conduct their own formal investigation of the Commission's charge that would
				  consist of the scheduling of depositions, the serving of interrogatories, or
				  requests for production of documents on the opposing party outside of the
				  Commission's investigation procedure. Any person who attempts to conduct such
				  an investigation will be deemed to have interfered with the Commission's
				  investigative process. This provision does not preclude Respondents from
				  conducting an internal investigation, or participating in any lawful recognized
				  tribunal.