141 Neb. Admin. Code, ch. 5, § 001

Current through September 17, 2024

Section 141-5-001 - Subpoenas

001.01 Upon written application served on the Chairman of the Commission, either personally or be registered or certified mail, the Chairman of the Commission shall issue a subpoena on a form prescribed by the Commission, at the Instance of the Commission, or the Hearing Examiner conducting a public hearing, or at the instance of any party to the proceedings whenever necessary to compel the attendance of a witness or to require the production for examination of any books, payrolls, records, correspondence, documents, papers or other evidence in any investigation of an alleged discriminatory public accommodations practice or in any hearing before a Hearing Examiner. Blank copies of the subpoena form may be obtained at the office of the Commission.

001.02 Petition to Revoke Subpoena

Within five (5) days (excluding Saturdays, Sundays and official State holidays) after the service of a subpoena on any person, including the Chairman or any Commissioner, requiring the attendance of said person as a witness at an investigation or hearing, or requiring the production of any evidence in her or his possession or under her or his control, such person may petition the Commission in writing, personally or by registered or certified mail to revoke the subpoena. The Commission shall revoke such subpoena if, in its opinion, the attendance of the person subpoenaed or the evidence, the production of which is required, does not relate to any matter under investigation or to any matter in question in such proceedings before the Commission or a Hearing Examiner, or, if in its opinion, such subpoena does not describe with sufficient particularity the reasons requiring the attendance of a person as a witness, or the evidence, the production of which is required. If the Chairman, or any Commissioner has been served with a subpoena and petitions the Commission to revoke such subpoena, then the Chairman or Commissioner so served shall not participate in the decision of the Commission with respect to which such petition is to be presented.

141 Neb. Admin. Code, ch. 5, § 001