§3016 Administrative Subpoenas

Summary

The Postmaster General can demand records with a subpoena during investigations under section 3005(a). Before asking for a subpoena, the Postal Service must open a specific case naming the subject, have supervisory and legal review, and limit approval to the General Counsel or a Deputy General Counsel. In separate statutory proceedings under section 3005(a), the Judicial Officer can also issue subpoenas for witnesses and records. That power is separate from the Postmaster General’s investigatory power. Subpoenas can be served anywhere in the United States by a person named under section 3061 of title 18. If the person is abroad, service follows the Federal Rules of Civil Procedure for foreign service, and the U.S. District Court for the District of Columbia can handle compliance as allowed by due process. Businesses can be served by giving a copy to a partner, officer, agent, the main office, or by registered or certified mail with a return receipt. People can be served in person or by registered or certified mail with a return receipt. A signed return from the server proves service. If someone won’t comply, the Postmaster General can ask the Attorney General to ask a federal district court where the person lives, is found, or does business to enforce the subpoena. The court can issue orders, final orders can be appealed under section 1291 of title 28, and breaking a final order can be punished as contempt. Documents given under these subpoenas are exempt from disclosure under section 552 of title 5.