36-96.10 - Procedures for investigation.
§ 36-96.10. Procedures for investigation.
A. The Board shall commence proceedings with respect to a complaint withinthirty days after receipt of the complaint, and shall complete theinvestigation within 100 days thereof unless it is impracticable to do so. Ifthe Board is unable to complete the investigation within 100 days after thereceipt of the complaint, the aggrieved person and the respondent shall benotified in writing of the reasons for not doing so.
B. When conducting an investigation of a complaint filed under this chapter,the Board shall have the right to interview any person who may have anyinformation which may further its investigation and to request production ofany records or documents for inspection and copying in the possession of anyperson which may further the investigation. Such persons shall be interviewedunder oath. The Board or its designated subordinates shall have the power toissue and serve a subpoena to any such person to appear and testify and toproduce any such records or documents for inspection and copying. Saidsubpoenas and discovery may be ordered to the same extent and subject to thesame limitations as would apply if the subpoenas or discovery were ordered orserved as part of a civil action in the Commonwealth of Virginia. In case ofrefusal or neglect to obey a subpoena, the Board may petition for itsenforcement in the Circuit Court for the City of Richmond. The hearing onsuch petition shall be given priority on the court docket over all caseswhich are not otherwise given priority on the court docket by law.
C. At the end of each investigation under this section, the Board shallprepare a final investigative report containing:
1. The names and dates of contacts with witnesses;
2. A summary and the dates of correspondence and other contacts with theaggrieved person and the respondent;
3. A summary description of other pertinent records;
4. A summary of witness statements; and
5. Answers to interrogatories.
A final report under this subsection may be amended if additional evidence islater discovered.
D. The Board shall make available to the aggrieved person and the respondent,at any time, upon request following completion of the Board's investigation,information derived from an investigation and any final investigative reportrelating to that investigation.
(1975, c. 566, § 36-94.1; 1991, c. 557; 1998, c. 634.)