Iowa 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 in order to prepare
a comment in response to conclusions or recommendations that criticize the
witness, pursuant to Iowa Code section
2C.15.
Notes
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