Or. Admin. R. 839-011-0515

Current through Register Vol. 63, No. 8, August 1, 2024

Section 839-011-0515 - Circumstances under Which a Subpoena May be Issued

(1) The Council may issue a subpoena ad testificandum to compel a person to testify under oath when:

(a) The Council determines that the person is a material witness in an investigation being conducted by the Council under ORS Chapter 660.002 to 660.210;

(b) The information sought from the person is relevant to a lawful investigative purpose and is reasonable in scope; and

(c) The Council has been unable to interview the person after having made reasonable attempts to do so, or the person states that he or she will only consent to an interview if first served with a subpoena.

(2) The Council 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 subpoena duces tecum served on the same person.

(3) The Council may issue a subpoena duces tecum to compel a person to produce documents or other things when:

(a) The Council determines that the documents or other things are relevant to the Council's investigation being conducted under ORS Chapter 660.002 to 660.210;

(b) The documents or other things sought are relevant to a lawful investigative purpose and are reasonable in scope; and

(c) The Council 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 Council, unless the Council finds a subpoena is necessary to protect the documents and things from destruction.

Or. Admin. R. 839-011-0515

BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11/12/2015

Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1)