Who are authorized to issue Administrative Subpoenas?

Who are authorized to issue Administrative Subpoenas?

• A. Officers presiding at administrative hearings (and statutes may independently confer subpoena power)
• B. Private attorneys only
• C. The Governor
• D. The general public

Answer: (A)

In administrative proceedings, subpoena power to compel attendance or document production is vested in the people running the process. The officer presiding at the hearing—an administrative law judge or the agency official conducting the case—has the authority to issue subpoenas as part of the hearing. Additionally, the enabling statute may grant subpoena power directly to the agency or to other actors, independent of the presiding officer. Private attorneys don’t have general subpoena authority on their own, unless a statute or agency rule gives it to them or they’re acting under the agency’s delegation. The Governor and the general public do not carry this power. So the authorized issuers are the presiding officers at administrative hearings, with possible independent statutory authorization for the agency.

In administrative proceedings, subpoena power to compel attendance or document production is vested in the people running the process. The officer presiding at the hearing—an administrative law judge or the agency official conducting the case—has the authority to issue subpoenas as part of the hearing. Additionally, the enabling statute may grant subpoena power directly to the agency or to other actors, independent of the presiding officer. Private attorneys don’t have general subpoena authority on their own, unless a statute or agency rule gives it to them or they’re acting under the agency’s delegation. The Governor and the general public do not carry this power. So the authorized issuers are the presiding officers at administrative hearings, with possible independent statutory authorization for the agency.