6 Del. Admin. Code § 200-C-304

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-C-304 - Subpoenas

(a) For the purpose of any investigation under the Act, the Director, any Deputy Attorney General in the Unit, or any officer designated by the Director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Director deems relevant or material to the inquiry. The Director's authority to subpoena witnesses and documents outside the State shall exist to the maximum extent permissible under federal constitutional law.

(b) Subpoenas may be issued to any person (provided, however, that no subpoena shall issue, except upon request by the Unit, to any complaining witness) and may require that person, among other things, to:

(1) Testify under oath;

(2) Answer written interrogatories under oath;

(3) Produce documents and tangible things; and

(4) Permit inspection and copying of documents.

(c) Content of subpoena. A subpoena shall:

(1) Describe generally the nature of the investigation;

(2) If the subpoena requires testimony under oath, specify the date, time and place for the taking of testimony;

(3) If the subpoena requires answers to written interrogatories, contain a copy of the written interrogatories;

(4) If the subpoena requires the production of tangible things or documents:

(A) describe the things and documents to be produced with reasonable specificity, and

(B) specify a date, time, and place at which the things and documents are to be produced;

(5) Notify the person to whom the subpoena is directed of the obligation to supplement responses under Rule 306;

(6) Advise the person to whom the subpoena is directed that the person may be represented by counsel; and

(7) Identify a member of the Unit who may be contacted in reference to the subpoena.

(d) Subpoenas to corporations and other entities.

(1) A subpoena directed to a corporation, partnership, or other entity that requires testimony under oath shall describe with reasonable particularity the subject matter of the testimony.

(2) An entity that receives a subpoena to answer written interrogatories or to testify under oath shall designate one or more of its officers, agents, employees, or other authorized persons familiar with the subject matter specified in the subpoena to respond to the subpoena on its behalf.

(3) The persons designated by an entity to respond to a subpoena on its behalf shall answer the interrogatories or testify as to all matters known or reasonably available to the entity.

(4) A subpoena directed to an entity that requires testimony under oath or answers to written interrogatories shall advise the entity of its obligations under this Rule.

(e) Service of subpoena.

(1) A subpoena may be served by personal service or by mail.

(2) The person who serves a subpoena shall complete a certificate of service attesting to the method and date of service.

(f) Effect of other proceedings. The pendency or beginning of administrative or judicial proceedings against a person by the Unit does not relieve the person of his or her obligation to respond to a subpoena issued under this Rule.

(g) Refusal to testify or produce documents.

(1) No person is excused from attending and testifying or from producing any document or record before the Director, or in obedience to the subpoena of the Director or any officer designated by the Director or in any proceeding instituted by the Director, on the ground that the testimony or evidence (documentary or otherwise) required may tend to incriminate the person or subject the person to penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she is compelled, after claiming his or her privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

(2) In case of contumacy by, or refusal to obey a subpoena issued to, any person registered under Section 73-302 the Act, the Director may suspend or revoke that registrant's license pursuant to the provisions of Section 73-304 of the Act.

(h) Petition to modify or quash subpoena.

(1) A person served with a subpoena under this Rule may request that the subpoena be modified or quashed.

(2) A petition to modify or quash a subpoena issued under this Rule shall be filed with the Director or, if one has been appointed, the Presiding Officer, within ten days of service of the subpoena or by the date specified for compliance with the subpoena, whichever is earlier. The petition shall set forth good cause why the subpoena should be modified or quashed.

(3) A Presiding Officer may be appointed under Rule 225A to rule on the petition to modify or quash.

(i) Application to Court of Chancery upon refusal to obey subpoena. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Court of Chancery, upon application by the Director, may issue to the person an order requiring such person to appear before the Court of Chancery or the officer designated by the Director, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the Court may be punished by the Court as a contempt of court.

6 Del. Admin. Code § 200-C-304

14 DE Reg. 664 (01/01/11)
15 DE Reg. 529 (10/01/11)
18 DE Reg. 394 (11/1/2014) (Final)