If there is a specific statutory grant of subpoena power, the agency's power to issue subpoenas is derived how?

If there is a specific statutory grant of subpoena power, the agency's power to issue subpoenas is derived how?

• A. Solely from that statutory grant
• B. From CPLR only
• C. From administrative agency rules alone
• D. From federal law only

Answer: (A)

When an agency has a specific statutory grant of subpoena power, that grant is the source of its authority to issue subpoenas. The statute itself creates and limits the agency’s power, so the agency derives its ability to compel attendance or production directly from that statute, not from general rules or other sources. The CPLR governs subpoenas in court proceedings, and agency rules alone cannot expand or create authority beyond what the enabling statute provides. Federal law would only come into play if the matter were governed by federal statutes or preemption doctrines, not as the default source for state agency subpoenas. So, with a clear statutory grant, that statute alone supplies the agency’s subpoena authority.

When an agency has a specific statutory grant of subpoena power, that grant is the source of its authority to issue subpoenas. The statute itself creates and limits the agency’s power, so the agency derives its ability to compel attendance or production directly from that statute, not from general rules or other sources. The CPLR governs subpoenas in court proceedings, and agency rules alone cannot expand or create authority beyond what the enabling statute provides. Federal law would only come into play if the matter were governed by federal statutes or preemption doctrines, not as the default source for state agency subpoenas. So, with a clear statutory grant, that statute alone supplies the agency’s subpoena authority.