Ariz. Admin. Code § R14-4-304 - Rights of Witnesses; Formal Interview; Procedures
A. Any person required or requested to appear
as a witness at a formal interview may be represented by a lawyer. The lawyer's
role during the formal interview shall be limited to the following activities:
1. Giving legal advice to the witness before,
during, and after the formal interview.
2. Questioning the witness briefly at the
conclusion of the formal interview for the purpose of clarifying any testimony
the witness has given.
3. Making
summary notes during the formal interview solely for the use of the witness and
the lawyer.
B.
Notwithstanding subsection (A), the following lawyers may not represent
witnesses at a formal interview:
1. Any
lawyer who has represented another witness who has testified at a formal
interview in the examination or investigation.
2. Any lawyer who has represented another
person who is a subject of the examination or investigation.
3. Any lawyer who may be a material witness
in the examination or investigation.
4. Any lawyer who is a subject of the
examination or investigation.
C. The Director may permit a lawyer to
represent a witness in those situations described in subsections (B)(1) through
(B)(4) upon a showing that such representation should be permitted in the
interest of justice and will not obstruct the examination or investigation. If
a lawyer is not permitted to represent a witness under subsection (B), that
lawyer's partners or associates of the lawyer's law firm are also precluded
from representing the witness.
D.
All formal interviews may be recorded by the Division either mechanically or by
a shorthand reporter employed by the Division. No other recording of the formal
interview will be permitted, except summary note taking by the
attendees.
E. In addition to the
persons identified in subsections (A), (C), and (D), the following individuals
may attend a formal interview:
1. Individuals
employed by the Commission or the office of the attorney general.
2. Members of law enforcement or other state,
federal, or self-regulatory agencies authorized by the Division.
3. Translators authorized by the
Division.
F. The
Division may exclude from a formal interview any person previously permitted to
attend the formal interview, including a lawyer, whose conduct is dilatory,
obstructionist, or contumacious. In addition, the members of the staff of the
Division conducting the formal interview may report the conduct to the Director
for appropriate action. The Director may thereupon take such further action as
circumstances may warrant, including, but not limited to, exclusion from
further participation in the examination or investigation.
G. A person who has submitted documentary
evidence or testimony in connection with a formal interview shall be entitled,
upon written request, and upon proper identification, to inspect the witness'
own testimony on a date to be set by the Director. The Director may delay the
inspection of the record until the conclusion of the examination or
investigation if the Director determines that earlier inspection may obstruct
or delay the examination or investigation.
H. In connection with an examination or
investigation, the Director may delegate authority to members of the staff to
administer oaths and affirmations, sign subpoenas, take evidence, and receive
books, papers, contracts, agreements or other documents, records, or
information, whether filed or kept in original or copied form or electronically
stored or recorded.
I. During a
formal interview, a witness shall not knowingly make any untrue statements of
material fact or omit to state any material facts necessary in order to make
the statements made, in light of the circumstances under which they were made,
not misleading.
Notes
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