Administrative subpoena
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An administrative subpoena under
History
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Philip Hamburger argues historical antecedents for the modern-day administrative subpoena date back as far as the Star Chamber and the prerogative courts, which issued warrants and subpoenas that were not subject to significant procedural safeguards or the rule of law.[3]
Administrative subpoenas have most commonly been issued by the
The United States Department of the Treasury's Office of Foreign Assets Control (OFAC) also frequently utilizes administrative subpoenas to initiate civil investigations of U.S. economic sanctions violations. OFAC subpoenas are typically to be responded to in 30 days and require the subpoenaed party to turn over full and complete information, as well as, supporting documentation to verify the information provided in the response.
Legal background
Courts typically exercise substantial deference to the agency requesting the subpoena in deciding whether to enforce it.[6][7] The decision of a district court to enforce an administrative subpoena is reviewed for abuse of discretion,[8] itself a deferential standard.
See also
References
Sources
- Hamburger, Philip (2014). Is Administrative Law Unlawful?. ISBN 9780226116457.
References
- ^ Doyle, Charles (2005-04-15). "Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments" (PDF). CRS Report for Congress. Congressional Research Service. Retrieved August 29, 2012.
- ^ a b Kravets, David (2012-08-28). "We Don't Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrative Subpoena". wired.com. Condé Nast. Retrieved August 29, 2012.
- ^ Hamburger 2014, pp. 134, 176.
- ^ a b Sklaire, Michael R. (December 2005). "Administrative Subpoenas Blur the Line between Civil and Criminal Enforcement" (PDF). Legal Opinion Letter. 15 (23). Washington Legal Foundation.
- ^ "Report to Congress on the Use of Administrative Subpoena Authorities by Executive Branch Agencies and Entities". US Department of Justice. US Justice department. Retrieved 5 October 2015.
- ^ Hamburger 2014, p. 276.
- ^ Koch, Charles H. (2020). "Judicial Review". Federal Practice & Procedure (Wright & Miller). Vol. 32. § 8145.
- ^ McLane Co., Inc. v. E.E.O.C., 137 S.Ct. 1159, 1163 (2017).