Ads
related to: administrative subpoena power of law
Search results
Results From The WOW.Com Content Network
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution , while proponents say that it provides a valuable investigative tool.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
In the years following the enactment of the Administrative Act, hearing officers have had their titles and positions changed to Administrative Law Judge. This was done by Civil Service Commission and not by an act of Congress. [52] [53] This change is arguably important to lend credence to the authority to issue subpoenas for administrative ...
On remand, the district court held the "NSLs were issued in full compliance with the procedural and substantive requirements suggested by the Second Circuit in John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008), which had held that the 2006 NSL law could be constitutionally applied"... and "the NSL law, as amended [by the USA FREEDOM ACT of ...
Search the web. Legal Main; Terms of Service Summary; Terms of Service; Legal Information Privacy Policy. Privacy Policy Highlights
A new bill would limit the subpoena power of the state’s ethics watchdog amid investigations into possible violations by some Republican officials.
Legal Information Institute administrative law overview; Key administrative law decisions by the US Supreme Court; Federal administrative agency index via Washburn School of Law; Administrative Law Review published by Washington College of Law, American University and the American Bar Association; Cybertelecom :: Administrative Procedures Act