SECTIONS 11180-11191 - California Statutes

GOVERNMENT CODE

SECTION 11180-11191

11180. The head of each department may make investigations and
prosecute actions concerning:
(a) All matters relating to the business activities and subjects
under the jurisdiction of the department.
(b) Violations of any law or rule or order of the department.
(c) Such other matters as may be provided by law.

11180.5. At the request of a prosecuting attorney or the Attorney
General, any agency, bureau, or department of this state, any other
state, or the United States may assist in conducting an investigation
of any unlawful activity that involves matters within or reasonably
related to the jurisdiction of the agency, bureau, or department.
This investigation may be made in cooperation with the prosecuting
attorney or the Attorney General. The prosecuting attorney or the
Attorney General may disclose documents or information acquired
pursuant to the investigation to another agency, bureau, or
department if the agency, bureau, or department agrees to maintain
the confidentiality of the documents or information received to the
extent required by this article.

11181. In connection with any investigation or action authorized by
this article, the department head may do any of the following:
(a) Inspect and copy books, records, and other items described in
subdivision (e).
(b) Hear complaints.
(c) Administer oaths.
(d) Certify to all official acts.
(e) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, documents, any writing as
defined by Section 250 of the Evidence Code, tangible things, and
testimony pertinent or material to any inquiry, investigation,
hearing, proceeding, or action conducted in any part of the state.
(f) Promulgate interrogatories pertinent or material to any
inquiry, investigation, hearing, proceeding, or action.
(g) Divulge information or evidence related to the investigation
of unlawful activity discovered from interrogatory answers, papers,
books, accounts, documents, and any other item described in
subdivision (e), or testimony, to the Attorney General or to any
prosecuting attorney of this state, any other state, or the United
States who has a responsibility for investigating the unlawful
activity investigated or discovered, or to any governmental agency
responsible for enforcing laws related to the unlawful activity
investigated or discovered, if the Attorney General, prosecuting
attorney, or agency to which the information or evidence is divulged
agrees to maintain the confidentiality of the information received to
the extent required by this article.
(h) Present information or evidence obtained or developed from the
investigation of unlawful activity to a court or at an
administrative hearing in connection with any action or proceeding.

11182. The head of a department may delegate the powers conferred
upon him by this article to any officer of the department he
authorizes to conduct the investigation or hearing.

11183. Except in a report to the head of the department or when
called upon to testify in any court or proceeding at law or as
provided in Section 11180.5 or subdivisions (g) and (h) of Section
11181, an officer shall not divulge any information or evidence
acquired by the officer from the interrogatory answers or subpoenaed
private books, documents, papers, or other items described in
subdivision (e) of Section 11181 of any person while acting or
claiming to act under any authorization pursuant to this article, in
respect to the confidential or private transactions, property or
business of any person. An officer who divulges information or
evidence in violation of this section is guilty of a misdemeanor and
disqualified from acting in any official capacity in the department.

11184. (a) In any hearing in any part of the state or in any
investigation conducted under this article, the head of the
department shall issue process and subpoenas in a manner consistent
with the California Constitution and the United States Constitution,
and the process and subpoenas shall be served in the same manner as
provided for the service of a summons as described in Chapter 4
(commencing with Section 413.10) of Title 5 of Part 2 of the Code of
Civil Procedure. Service of process and subpoenas may be effectuated
by any person designated for that purpose by the head of the
department. The person serving any process or a subpoena may receive
compensation as is allowed by the head of the department not to
exceed the fees prescribed by law for similar service. This
compensation shall be paid in the manner provided in this article for
the payment of the fees of witnesses.
(b) If the subpoena requires oral testimony from a witness who is
not a natural person, the subpoena shall describe, with reasonable
particularity, the matters on which examination is requested. In that
event, the subpoenaed witness shall designate and produce at the
hearing those natural persons who are most qualified to testify on
behalf of the subpoenaed witness about those matters to the extent of
any information known or reasonably available to the subpoenaed
witness. The subpoena shall notify the witness named in the subpoena
of its duty to designate and produce natural persons to testify as
described in this subdivision.

11185. (a) If the witness named in the subpoena is a natural
person, the person is not obliged to attend as a witness in any
matter under this article at a place out of the county in which he or
she resides, unless the distance is less than 75 miles from his or
her place of residence.
(b) If the witness named in the subpoena is not a natural person
and has an office within this state, the subpoena may provide that
the testimony of the persons designated to appear on behalf of the
witness, as described in subdivision (b) of Section 11184, shall be
given in the county in which the witness named in the subpoena has
its principal executive or business office in this state or within
150 miles of that location.
(c) If the witness conducts business in this state but does not
reside or have an office within this state, the subpoena may provide
that oral testimony shall be given at a location that is within 75
miles of the residence or executive or business office of the
witness.
(d) If the witness does not reside, have an office, or conduct
business in this state, the testimony shall be given and documents
and other items produced at a location set by a court.
(e) The department head may require any person who resides or
conducts business in this state to produce the documents and other
items described in subdivision (e) of Section 11181 at a location in
the county in which the department head or the Attorney General
maintains an office.
(f) Nothing in this section prevents the department head and
subpoenaed person from agreeing that testimony may be given or
production made at any location.

11186. The superior court in the county in which any hearing is
held or any investigation is conducted under the direction of the
head of a department or the county in which testimony is designated
to be given or documents or other items are designated to be
produced, has jurisdiction to compel the attendance of witnesses, the
giving of testimony, the answering without objection of
interrogatories, and the production, inspection, and copying of
papers, books, accounts, documents, and other items described in
subdivision (e) of Section 11181 as required by any subpoena issued
by the department head.

11187. (a) Except as provided in subdivision (c), if any witness
refuses to answer any interrogatory or to attend or testify or
produce or permit the inspection or copying of any papers or other
items described in subdivision (e) of Section 11181 required by
subpoena, the head of the department may petition the superior court
in the county in which the hearing or investigation is pending or the
county in which testimony is designated in the subpoena to be given
or documents or other items are designated in the subpoena to be
produced, for an order compelling the person to answer the
interrogatories or to attend and testify or produce and permit the
inspection and copying of the papers or other items required by the
subpoena before the officer named in the subpoena.
(b) The petition shall set forth all of the following:
(1) That due notice of the time and place for answering the
interrogatories or testifying or the attendance of the person or the
production of the papers or other items described in subdivision (e)
of Section 11181 was given.
(2) That the person was subpoenaed or required to answer
interrogatories in the manner prescribed in this article.
(3) That the person failed and refused to answer the
interrogatories or to attend or testify or produce or permit the
inspection or copying of the papers or other items required by
subpoena before the officer in the cause or proceeding named in the
subpoena, or has refused to answer questions propounded to him or her
in the course of the investigation or hearing.
(c) If the witness named in the subpoena does not reside or
conduct business in this state, the department head may seek to
compel the witness' testimony and production, inspection, and copying
of documents or other items described in subdivision (e) of Section
11181 in the manner provided for the enforcement of a deposition
notice to a nonparty as described in Section 2026.010 or 2027.010 of
the Code of Civil Procedure or in any other manner authorized by any
law.
(d) If any witness objects and based on that objection refuses to
answer any interrogatory or to attend or testify or produce or permit
the inspection or copying of any papers or other items described in
subdivision (e) of Section 11181 as required by a subpoena, the
witness shall state the objection and the validity of the objection
shall be determined exclusively in a proceeding brought by the head
of the department to compel compliance as provided in this section.

11188. Upon the filing of the petition the court shall enter an
order directing the person to appear before the court at a specified
time and place and then and there show cause why he or she has not
attended, testified, answered interrogatories, or produced or
permitted the inspection or copying of the papers or other items
described in subdivision (e) of Section 11181 as required. A copy of
the order shall be served upon him or her in the manner provided for
the service of a summons described in Chapter 4 (commencing with
Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
If it appears to the court that the subpoena was regularly issued, or
the interrogatories were regularly promulgated, by the head of the
department, the court shall enter an order that the person appear
before the officer named in the subpoena at the time and place fixed
in the order and testify or produce and permit the inspection and
copying of the required papers or other items described in
subdivision (e) of Section 11181 as required or answer the
interrogatories without objection. At the request of the department
head, the court may issue any additional order to aid the
implementation of the order enforcing compliance with the subpoena,
including the issuance of a commission or letters rogatory in the
manner provided for the enforcement of a deposition notice to a
nonparty as described in Section 2026 or 2027 of the Code of Civil
Procedure. Upon failure to obey the order, the person shall be dealt
with as for contempt of court.

11189. In any matter pending before a department head, the
department head may cause the deposition of persons residing within
or without the state to be taken by causing a petition to be filed in
the Superior Court in the County of Sacramento reciting the nature
of the matter pending, the name and residence of the person whose
testimony is desired, and asking that an order be made requiring the
person to appear and testify before an officer named in the petition
for that purpose. Upon the filing of the petition the court may make
an order requiring the person to appear and testify in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. In the same
manner the superior courts may compel the attendance of persons as
witnesses, and the production of papers, books, accounts, and
documents, under Chapter 2 (commencing with Section 1985) of Title 3
of Part 4 of the Code of Civil Procedure, and may punish for
contempt.

11190. Any party to any departmental hearing has the right to the
attendance of witnesses in his behalf at the hearing or upon
deposition upon making request therefor to the head of the
department, designating the persons sought to be subpenaed, and
depositing with the officer before whom the hearing is to be had the
necessary fees and mileage.

11191. Each witness, other than an officer or employee of the State
or of a political subdivision of the State, who appears by order of
the head of a department shall receive for his attendance the same
fees and all witnesses shall receive the same mileage allowed by law
to a witness in civil cases. The amounts shall be paid by the party
at whose request the witness is subpenaed. The mileage, and fees, if
any, of a witness subpenaed by the head of a department, but not at
the request of a party, shall be paid from the funds appropriated for
the use of the department in the same manner as other expenses of
the department are paid.