Or. Admin. Code § 839-002-0030 - Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued
(1) The commissioner may issue a subpoena at
any time when the information sought is relevant to a lawful investigative
purpose and is reasonable in scope. Investigative purposes include any
preliminary inquiries in determining whether to pursue a formal
investigation.
(2) The commissioner
may issue a subpoena ad testificandum to compel a person to testify under oath
when:
(a) A Division determines that the
person is a material witness in an investigation being conducted by the
Division under ORS 279C.800 to
279C.870,
651.030,
651.050,
651.120 and
651.170, or chapters 652, 653,
658, and 659A; and
(b) The Division
has been unable to interview the person after having made reasonable attempts
to do so, or the person states that the person will only consent to an
interview if first served with a subpoena.
(3) The commissioner may also issue a
subpoena ad testificandum to compel a person to testify under oath about the
contents of documents or other things produced in response to a subpoena duces
tecum served on the same person.
(4) The commissioner may issue a subpoena
duces tecum to compel a person to produce documents or other things when:
(a) A Division determines that the documents
or other things are relevant to the Division's inquiry being conducted under
ORS 279C.800 to
279C.870,
651.030,
651.050,
651.120 and
651.170, or chapters 652, 653,
658, and 659A; and
(b) The Division
has made a written request for production of documents or things and the person
to whom the request was made has failed to comply within the time specified by
the Division, unless the commissioner finds a subpoena is necessary to protect
the documents and things from destruction.
Notes
Stat. Auth.: ORS 651.060, 658.220 & 659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 & 659A
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The commissioner may issue a subpoena at any time when the information sought is relevant to a lawful investigative purpose and is reasonable in scope. Investigative purposes include any preliminary inquiries in determining whether to pursue a formal investigation.
(2) The commissioner may issue a subpoena ad testificandum to compel a person to testify under oath when:
(a) A Division determines that the person is a material witness in an investigation being conducted by the Division under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, or chapters 652, 653, 658, and 659A; and
(b) The Division has been unable to interview the person after having made reasonable attempts to do so, or the person states that the person will only consent to an interview if first served with a subpoena.
(3) The commissioner may also issue a subpoena ad testificandum to compel a person to testify under oath about the contents of documents or other things produced in response to a subpoena duces tecum served on the same person .
(4) The commissioner may issue a subpoena duces tecum to compel a person to produce documents or other things when:
(a) A Division determines that the documents or other things are relevant to the Division 's inquiry being conducted under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, or chapters 652, 653, 658, and 659A; and
(b) The Division has made a written request for production of documents or things and the person to whom the request was made has failed to comply within the time specified by the Division , unless the commissioner finds a subpoena is necessary to protect the documents and things from destruction.
Notes
Stat. Auth.: ORS 651.060, 658.220 & 659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 & 659A