Chapter 3

Agency Investigations

Original Author: John Breviu

Revised 2014 by Lynn Belgea

3.1 Introduction

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Administrative agencies possess various types of investigative authority. This chapter will examine the nature of and limitations on the prehearing investigative authority of administrative agencies. [1]

[1] For additional materials regarding agency investigations and subpoena power, see 1 Kenneth C. Davis and Richard. Pierce, Jr., Administrative Law Treatise § 4 (5th ed. 2010), and 1 Charles H. Koch, Jr., Administrative law and Practice §§ 3.1-3.20 (3d ed. 2010). For purposes of this chapter, the prehearing investigative authority being examined is the authority to investigate that exists before the initiation of an administrative contested case proceeding under Minn. Stat. § 14.57 (2014). Thus, there is no discussion of the right of a party to invoke the subpoena authority of the Office of Administrative Hearings under Minn. Stat. § 14.51 (2014). Discussion of that authority is contained in § 7.4.2 infra, which relates to prehearing procedures.