OAR 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 651.030 (Commissioner), 651.050 (Duties of commissioner), 651.120 (Entry and examination of workplaces) and 651.170 (Payment of expenses), 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 651.030 (Commissioner), 651.050 (Duties of commissioner), 651.120 (Entry and examination of workplaces) and 651.170 (Payment of expenses), 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.

Source: Rule 839-002-0030 — Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-002-0030.

839‑002‑0001
Rulemaking: Purpose of Rules 839‑002‑0002
Rulemaking: Proposed Rule Notice 839‑002‑0005
Model Rules of Procedure 839‑002‑0015
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Authority 839‑002‑0020
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Definitions 839‑002‑0025
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who and What May Be Subpoenaed 839‑002‑0030
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued 839‑002‑0035
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who May Issue Subpoenas 839‑002‑0040
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum 839‑002‑0045
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Ad Testificandum 839‑002‑0050
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service 839‑002‑0055
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Fees 839‑002‑0060
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Time 839‑002‑0065
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Response to Objections 839‑002‑0070
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Taking Testimony 839‑002‑0075
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Failure to Appear 839‑002‑0080
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Enforcement of Subpoena
Last Updated

Jun. 8, 2021

Rule 839-002-0030’s source at or​.us