Or. Admin. Code § 839-002-0030

Current through Register Vol. 64, No. 1, January 1, 2025

Section 839-002-0030 - 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.

Or. Admin. Code § 839-002-0030

BLI 38-2007; f. 12-28-07, cert. ef. 1-1-08; BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08; BLI 5-2010(Temp), f. 2-10-10, cert. ef. 2-12-10 thru 8-6-10; BLI 14-2010, f. 5-4-10, cert. ef. 5-5-10; BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12

Stat. Auth.: ORS 651.060, 658.220 & 659A.800

Stats. Implemented: ORS 279 C, 651, 652, 653, 658 & 659A