Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-007 - Investigation

Current through June 17, 2024
007.01 Generally
007.02 Process
The Commission, through its staff, investigates to ascertain
				  the facts relating to the alleged unlawful housing practice or practices set
				  forth in the complaint. During an investigation of a complaint, Commission
				  staff may use subpoenas, requests for production of documents, interrogatories,
				  depositions, and any other discovery means available in civil actions in
				  district court. Any Commission staff member who is a notary public may
				  administer an oath or affirmation during the investigation of a complaint. At
				  its discretion, the Commission may conduct individual interviews, a conference,
				  or both, to assist in its investigation and its attempts at
				  conciliation.
Any member of the Commission staff may contact present
				  employees of a respondent without notice to respondent or respondent's attorney
				  unless they are officers or management employees or employees with authority to
				  bind the respondent in a legal sense. Staff may also contact former employees
				  without consent if the former employees are not individually represented. Any
				  employee alleged to have committed a discriminatory act that is the subject of
				  the complaint shall be deemed an employee with authority to bind the
				  respondent. If a question exists about the level of employees sought to be
				  interviewed or their representation, staff will notify respondent or
				  respondent's attorney of the proposed interview. A respondent is entitled to
				  have a representative present during the interview of officers, managers,
				  employees with authority to bind the respondent, or other employees represented
				  by respondent.
Any evidence obtained at an investigative interview without
				  the presence of respondent which may adversely affect the respondent shall be
				  disclosed to respondent before the completion of the investigation, and
				  respondent shall have ten (10) days to provide the investigator with any
				  additional evidence.
Nothing in this section should be construed to deny the
				  respondent any right to discovery or to cross-examine or question any witness
				  in any contested case proceeding on a charge issued by the Commission, if any,
				  or in any judicial proceedings.
All interviews will be taped or digitally recorded by the
				  investigator unless a written or verbal objection is made by the person to be
				  interviewed or by one of the parties. Tapes or digital files will be disposed
				  of after the case is dismissed in accordance with state records retention
				  requirements.
007.03
				Subpoenas
The Commission may issue a subpoena whenever necessary to
				  compel the attendance of a witness or to require the production for examination
				  of any books, payrolls, records, correspondence, documents, papers or other
				  evidence in aid of its investigation of an unlawful housing practice charge.
				  The Commission may withdraw any subpoena it determines to be no longer
				  necessary, or may modify a subpoena by agreement with the person subpoenaed. In
				  the event that any person fails or refuses to comply with an investigatory
				  subpoena issued by the Commission, the Attorney General may enforce the
				  subpoena in appropriate proceedings in the district court for the county in
				  which the person to whom the subpoena was addressed resides, was served, or
				  transacts business.
007.03A
Witness and Mileage Fees.
When a subpoena is issued at the request
				of the Commission, a member thereof, or a Hearing Officer in pursuance of an
				investigation, then the cost of such service and witness and mileage fees shall
				be borne by the Commission.
Such witness and mileage fees shall be the same as are paid
				  witnesses in the District Courts of the State of Nebraska.
Neb.
Rev. Stat.
§
											20-334(2)
007.03B Special
				Circumstances. 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 laws of
				the State of Nebraska. 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 complaint.
Neb.
Rev. Stat.
§§
											20-325(5),
				  20-334(1)