D.C. Mun. Regs. tit. 3, r. 3-3707

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 3-3707 - SUBPOENAS AND DEPOSITIONS

3707.1

The Director shall have the power to require, by subpoena, the attendance and testimony of witnesses and the production of documentary evidence.

3707.2

Except as provided in § 3704.7, each subpoena issued by the Director shall include:

(a) The name of the respondent;

(b) The title of the action;

(c) A specification of the time allowed for compliance with the subpoena; and

(d) A command to the person to whom it is directed to:

(1) Attend and give testimony at a time and place specified in the subpoena; and/or

(2) Produce and permit inspection and copying of the books, papers, documents, or tangible things designated in the subpoena.

3707.3

A complainant may request the Director to subpoena particular persons or evidence; provided, that the subpoena shall not be obtained as a matter of right to the complainant.

3707.4

Any person to whom a subpoena is directed may, prior to the time specified in the subpoena for compliance, file a motion to request that the Director quash or modify the subpoena.

3707.5

Any application to quash a subpoena shall be accompanied by a brief statement of the reasons supporting the motion to quash.

3707.6

The Director may quash or modify the subpoena upon a showing of good cause.

3707.7

Upon written notice, the Director may, in any proceeding or investigation, order testimony to be taken by deposition, under oath, before any person who is designated by the Director.

3707.8

A deposition may be scheduled at a time and place convenient to the parties.

3707.9

A respondent or witness may be represented by counsel at a deposition.

3707.10

A transcript of a deposition may be requested and furnished at reasonable cost to the requestor.

D.C. Mun. Regs. tit. 3, r. 3-3707

Final Rulemaking published at 45 DCR 3161, 3207 (May 22, 1998); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); Amended by Final Rulemaking published at 62 DCR 3025 (3/13/2015).

Authority: D.C. Official Code § 1-1001.05(a)(14); in conformity with the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, enacted February 27, 2012 (D.C. Act 19-318; D.C. Official Code § 1-1161.01 et seq. (2012 Supp.)).