Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
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I am sorry for your situation.
As part of its investigations, the Commission may “subpoena witnesses . . . and require by subpoena duces tecum or by citation the production of books, papers, contracts
, agreements or other documents, records or information . . . which the commission deems relevant or material to the inquiry.” A.R.S. § 44-1823 (1994).
In other words, this state agency has the right to subpoena you for questioning.
If you do not show, then the Section can go to Superior Court and try to get an order to force
you to show, and hold you in contempt (admonished, fined, or even imprisoned) if you do not.
In light of this statutory authority, courts give the Commission “wide berth” when they review the validity of Commission investigations. Polaris Int’l Metals Corp. v. Arizona Corp. Comm’n, 133 Ariz. 500, 506, 652 P.2d 1023, 1029 (1982).
In fact, “an appropriately empowered agency ‘can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’” Id. (quoting United States v. Morton Salt Co., 338 U.S. 632, 642-43 (1950)).
Now, if they sent it non-certified, one can always deny receiving it. Then, the Section will likely attempt again, this time sending it certified, and if there is no action, try to enforce it.
If they did send it certified and one does not show, one can expect a hearing to be held to force
one to show (as explained above) or be held in contempt.However
, one does have resource. If one feels that the subpoena is irrelevant to whatever investigation the Section is concluding, one can file a complaint for special action
in Superior Court and argue that the subpoena seeks irrelevant information, and/or is otherwise harassing, vague, and improper. If the Court agrees, the subpoena would be "quashed." However, one need to file in Court to seek this relief, I am afraid.
For this, an attorney is recommended. Let me know if you need a referral.
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