Ariz. Admin. Code § 14-4-304

Current through Register Vol. 30, No. 24, June 14, 2024

Section R14-4-304 - Rights of Witnesses; Formal Interview; Procedures

A. Any person required or requested to appear as a witness at a formal interview may be represented by a lawyer. The lawyer's role during the formal interview shall be limited to the following activities:

1. Giving legal advice to the witness before, during, and after the formal interview.

2. Questioning the witness briefly at the conclusion of the formal interview for the purpose of clarifying any testimony the witness has given.

3. Making summary notes during the formal interview solely for the use of the witness and the lawyer.

B. Notwithstanding subsection (A), the following lawyers may not represent witnesses at a formal interview:

1. Any lawyer who has represented another witness who has testified at a formal interview in the examination or investigation.

2. Any lawyer who has represented another person who is a subject of the examination or investigation.

3. Any lawyer who may be a material witness in the examination or investigation.

4. Any lawyer who is a subject of the examination or investigation.

C. The Director may permit a lawyer to represent a witness in those situations described in subsections (B)(1) through (B)(4) upon a showing that such representation should be permitted in the interest of justice and will not obstruct the examination or investigation. If a lawyer is not permitted to represent a witness under subsection (B), that lawyer's partners or associates of the lawyer's law firm are also precluded from representing the witness.

D. All formal interviews may be recorded by the Division either mechanically or by a shorthand reporter employed by the Division. No other recording of the formal interview will be permitted, except summary note taking by the attendees.

E. In addition to the persons identified in subsections (A), (C), and (D), the following individuals may attend a formal interview:

1. Individuals employed by the Commission or the office of the attorney general.

2. Members of law enforcement or other state, federal, or self-regulatory agencies authorized by the Division.

3. Translators authorized by the Division.

F. The Division may exclude from a formal interview any person previously permitted to attend the formal interview, including a lawyer, whose conduct is dilatory, obstructionist, or contumacious. In addition, the members of the staff of the Division conducting the formal interview may report the conduct to the Director for appropriate action. The Director may thereupon take such further action as circumstances may warrant, including, but not limited to, exclusion from further participation in the examination or investigation.

G. A person who has submitted documentary evidence or testimony in connection with a formal interview shall be entitled, upon written request, and upon proper identification, to inspect the witness' own testimony on a date to be set by the Director. The Director may delay the inspection of the record until the conclusion of the examination or investigation if the Director determines that earlier inspection may obstruct or delay the examination or investigation.

H. In connection with an examination or investigation, the Director may delegate authority to members of the staff to administer oaths and affirmations, sign subpoenas, take evidence, and receive books, papers, contracts, agreements or other documents, records, or information, whether filed or kept in original or copied form or electronically stored or recorded.

I. During a formal interview, a witness shall not knowingly make any untrue statements of material fact or omit to state any material facts necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

Ariz. Admin. Code § R14-4-304

Adopted effective October 31, 1979 (Supp. 79-5). Amended subsections (A), (B) and (C) effective November 19, 1987 (Supp. 87-4). Amended effective December 21, 1995, under an exemption from the Attorney General approval requirements of the Arizona Administrative Procedure Act (Supp. 95-4). Former Section R14-4-304 repealed; new Section R14-4-304 renumbered from R14-4-305 and amended by final rulemaking at 8 A.A.R. 3729, effective August 6, 2002 (Supp. 02-3). At the request of the Corporation Commission, the preceding entry in this Historical Note is amended: the Commission intended the rulemaking action to reflect that the Section was repealed and a new Section was made at 8 A.A.R. 3729, effective August 6, 2002 (Supp. 02-4).