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Agenda - 04-06-2021; 8-h - Compliance Plans for CDBG-CV Grant
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Agenda - 04-06-2021; 8-h - Compliance Plans for CDBG-CV Grant
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4/8/2021 8:30:55 AM
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BOCC
Date
4/6/2021
Meeting Type
Business
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Agenda
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8-h
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9 <br /> or possible sources of evidence to ascertain the factual basis of the allegations <br /> contained in the Complaint. Further, the Commission staff may examine, record, <br /> and copy such materials and take and record the testimony or statements of such <br /> persons as reasonably necessary for the furtherance of the investigation. <br /> i) In conducting an investigation, the Commission staff may, in accordance with the <br /> North Carolina Rules of Civil Procedure: <br /> 1) issue subpoenas compelling access to or production of documents, <br /> materials, or other evidence; <br /> 2) issue subpoenas compelling witnesses, including any party, to appear and <br /> give testimony before the Commission staff; <br /> 3) issue subpoenas compelling witnesses, including any party, to appear and <br /> give testimony at a deposition; <br /> 4) take depositions of witnesses, including any party; and <br /> 5) issue interrogatories to a Respondent. <br /> j) Upon written application to the Commission staff, a Respondent shall be entitled <br /> to the issuance of interrogatories directed to the Complainant, to the issuance of a <br /> reasonable number of subpoenas for the taking of depositions, and to the issuance <br /> of a reasonable number of subpoenas for the production of evidence. <br /> k) In the case of refusal to obey a subpoena, answer an interrogatory, answer a <br /> question propounded in a deposition, or answer a question propounded during an <br /> interview conducted by the Commission staff pursuant to this section, the <br /> Commission staff or the Respondent may make a motion in the Superior Court to <br /> compel a person to obey the subpoena, answer the interrogatory, or answer the <br /> question. The North Carolina Rules of Civil Procedure shall apply to the making <br /> of such motions. If a person fails to obey an order issued pursuant to this <br /> subsection, the court may apply any or all of the sanctions available in Rule 37 of <br /> the North Carolina Rules of Civil Procedure. <br /> 1) Whenever the Commission staff concludes on the basis of a preliminary <br /> investigation of a Complaint that prompt judicial action is necessary to carry out <br /> the purposes of this Ordinance, the Commission may commence a civil action in <br /> the Superior Court for injunctive relief pending final disposition of the Complaint. <br /> Any injunctive relief shall be ordered in accordance with Rule 65 of the North <br /> Carolina Rules of Civil Procedure. The commencement of a civil action to obtain <br /> injunctive relief shall not affect the continuation of the Commission staff s <br /> investigation or the initiation of a separate civil action provided for in this <br /> Ordinance. <br /> m) Complaints may be resolved at any time by informal conference, conciliation, or <br /> persuasion. Nothing said or done in the course of such informal procedure may be <br /> made public by the Commission or used as evidence in any subsequent <br /> proceeding without the written consent of the person concerned. However, all <br /> 7 <br />
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