PRIA, Government Policy, Made Personal

Summary

The Director can require sworn testimony, demand documents, and issue or change subpoenas in connection with an administrative proceeding. The Director can also make witnesses appear at the place where the proceeding is held, even if the witness is in another State. If someone refuses to obey a subpoena, the Director can file a lawsuit or ask the U.S. Attorney General to file one in federal court (in the district where the hearing is, where the witness lives or works, or in Washington, D.C.) to enforce it. Courts can order compliance. Witnesses must be paid the same fees and travel money as in U.S. district courts. A court may also award reasonable expenses and lawyer fees, which must be paid by the enterprise or from its assets.

Title 12, §4588

Banks and Banking, Source: USLM XML via OLRC

(a)In general

In the course of or in connection with any administrative proceeding under this subpart, the Director shall have the authority—

(1)to administer oaths and affirmations;

(2)to take and preserve testimony under oath;

(3)to issue subpoenas and subpoenas duces tecum; and

(4)to revoke, quash, or modify subpoenas and subpoenas duces tecum issued by the Director.

(b)Witnesses and documents

The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State at any designated place where such proceeding is being conducted.

(c)Enforcement

The Director may bring an action or may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. Such courts shall have jurisdiction and power to order and require compliance therewith.

(d)Fees and expenses

Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an enterprise may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise or from its assets.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 1130(e)(3)(E), substituted “Director” for “Secretary” in introductory provisions and in par. (4). Subsec. (c). Pub. L. 110–289, § 1130(e)(3)(E), substituted “Director” for “Secretary”. Pub. L. 110–289, § 1130(e)(2), inserted “may bring an action or” before “may request”.

§4588 Subpoena Authority

Summary

Title 12, §4588

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata