Agency Action: Investigation

Question 1

Agencies Require

Answer 1

Businesses to Keep Records, Be Subject to Searches and Inspections and Subpoena Power

Question 2

Keeping Records

Answer 2

Agencies can require businesses to keep records by statute.

5th amendment bars agency from requiring this when: no statute requires the records, there are no “public aspect” to information demanded OR agency is only requiring this of a selective group inherently suspect of crime.

Question 3

Exception to 5th Amendment Bar In Keeping Records

Answer 3

When government regulated business keep records, because they are quasi-public, NOT private records

Question 4

Searches and Inspections

Answer 4

SEE Administrative Searches in Criminal Procedures

Question 5

Seized Evidence

Answer 5

May be admissible in civil proceeding, if more probative than prejudicial

Question 6

Subpoenas

Answer 6

Agency must have SPECIFIC statutory authority to subpoena.

Question 7

4th Will Not bar Subpoena If

Answer 7

inquiry is within agency’s authority, subpoena is specific and not excessively vague, reasonably relevant to matter investigated AND not an undue burden to person/business.