At any time after an investigation of a complaint has been ordered, upon recommendation of the Executive Director or upon motion of the Commission, the Commission Chair or other member authorized by the Commission may authorize the issuance of subpoenas or subpoenas duces tecum. Each subpoena shall be signed by the Chair or another member authorized by the Commission and shall state the person, documents, or other things to be subpoenaed. Each subpoena further shall name the person before whom the witness is to give testimony and the proceeding for which the subpoena is issued. If documents or other things are to be produced, the subpoena shall describe them with as much specificity as reasonably practicable. The subpoena shall state on its face the authority under which it is issued. Such subpoenas shall be issued for investigative purposes only, and neither the Complainant, the Respondent, or their representatives shall be entitled to attend the investigative proceeding at which the witness is to give a statement unless the Complainant or Respondent is the person subpoenaed.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89, Amended 6-28-98.

Terms Used In Florida Regulations 34-12.730

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.