Iowa Admin. Code r. 141-2.11 - The taking of testimony
(1)
Purpose. The taking of testimony is an internal device used by
the ombudsman to gather information and to assist in arriving at conclusions or
recommendations regarding an agency 's actions.
(2)
Witnesses. Any person
may be called to give testimony relating to a matter before the
ombudsman.
(3)
Notice. The ombudsman shall provide to the person whose
testimony is sought reasonable notice of the date, time, and place for taking
that person 's testimony. If the ombudsman issues a subpoena compelling a person
to give testimony, notice shall be provided in the subpoena.
(4)
Location. The ombudsman
has discretion to take testimony from a person at the ombudsman's office or at
another location deemed appropriate by the ombudsman, or by telephone or other
electronic means.
(5)
Rights of witnesses. A person who gives testimony is accorded
the same privileges and immunities as are extended to witnesses in the courts
of this state. The witness is entitled to be accompanied and advised by counsel
or other representative while being questioned, but only counsel may speak or
raise objections to questions on behalf of the witness. Objections to questions
shall be noted, but the witness shall answer all questions, except when a
privilege or immunity accorded to the witness has been asserted.
(6)
Conduct of testimony.
The ombudsman may administer oaths to persons giving testimony before the
ombudsman. The ombudsman determines the order for the taking of testimony and
may sequester witnesses or examine a witness privately. Questions will be posed
by the ombudsman. At the conclusion of the ombudsman's examination of a
witness, counsel for the witness may be permitted to question the witness,
after which the ombudsman may inquire further into any matters raised during
the examination. The scope of the questions shall be decided and may be limited
by the ombudsman.
(7)
Evidence. Strict rules of evidence shall not apply. The
probative nature of any evidentiary matter shall be determined by the
ombudsman.
(8)
Record. The ombudsman may record the testimony by audio or
video recording or by use of a certified court reporter. A copy of the
witness's testimony record may be provided to the witness upon request at the
conclusion of the investigation.
Notes
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