What power do agencies have to acquire information in administrative investigations?

What power do agencies have to acquire information in administrative investigations?

• A. They may issue subpoenas to compel attendance and production of evidence
• B. They may search without warrants
• C. They may compel without process
• D. They may only request information

Answer: (A)

In administrative investigations, the core tool for gathering information is the subpoena power. Subpoenas issued by the agency can compel a person to appear and testify (subpoena ad testificandum) and to produce documents or other evidence (subpoena duces tecum). This makes attendance and the turning over of records mandatory, which helps the agency collect facts efficiently and avoid delays that would come from voluntary cooperation alone. If someone ignores a subpoena, the agency—or the court—can enforce compliance, often through penalties or contempt proceedings, subject to privileges and objections for relevance, burdensomeness, or privilege. This approach contrasts with relying on voluntary requests, which are not enforceable, and with unbounded searches, which are not the typical means used in investigations. It also aligns with the need to have a formal mechanism to compel information, rather than attempting to compel “without process.”

In administrative investigations, the core tool for gathering information is the subpoena power. Subpoenas issued by the agency can compel a person to appear and testify (subpoena ad testificandum) and to produce documents or other evidence (subpoena duces tecum). This makes attendance and the turning over of records mandatory, which helps the agency collect facts efficiently and avoid delays that would come from voluntary cooperation alone. If someone ignores a subpoena, the agency—or the court—can enforce compliance, often through penalties or contempt proceedings, subject to privileges and objections for relevance, burdensomeness, or privilege.

This approach contrasts with relying on voluntary requests, which are not enforceable, and with unbounded searches, which are not the typical means used in investigations. It also aligns with the need to have a formal mechanism to compel information, rather than attempting to compel “without process.”