Florida Regulations 34-5.003: Subpoenas During Preliminary Investigation
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When an investigation of a complaint is ordered or at any time thereafter, 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 other 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 shall state in general terms the subject matter of the testimony to be elicited. If documents or other things are to be produced, the subpoena shall describe the same with as much specificity as reasonably practicable. The subpoena shall state clearly on its face that it is issued by the Commission on Ethics in accordance with its authority to investigate complaints of breaches of public trust. Such subpoenas shall be issued for investigative purposes only, and neither the complainant, the respondent, nor their counsel shall be entitled to attend the investigative proceeding at which the witness is to give a sworn statement unless the complainant or respondent is the person subpoenaed.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 4-7-77, Amended 9-21-77, 7-13-80, 11-26-80, Formerly 34-5.03, Amended 2-19-91, 7-28-98.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 4-7-77, Amended 9-21-77, 7-13-80, 11-26-80, Formerly 34-5.03, Amended 2-19-91, 7-28-98.
Terms Used In Florida Regulations 34-5.003
- 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.