On Tuesday evening, The Times Union reported that Cuomo has empowered Schwartz under the Moreland Act, giving him «the power to
issue civil subpoenas,» which the Cuomo administration confirmed, though it still declined to make any documentation public.
As the Times Union reported in June, Schwartz was quietly given the power to
issue civil subpoenas under the Moreland Act, a century - old law that allows a governor «to examine and investigate the management and affairs of any department, board, bureau or commission of the state.»
Not exact matches
Zillow Group accepts
civil subpoenas for user data
issued by King County Superior Court and the federal courts in Washington state.
Attorney General Eric Schneiderman's
civil rights office
issued a
subpoena to the Syracuse City School District on Oct. 16.
In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to
issue subpoenas in accordance with the
civil practice law and rules, and direct restitution.
One remedy is to insert citizen judgment precisely around
issues of educational equity, where a
civil grand jury report will be a clear, official judgment by citizens, and where a grand jury has independent
subpoena authority if its members feel that additional evidence is needed.
In 2010, Cuccinelli (R), a global warming skeptic,
issued a
civil investigative demand, essentially a
subpoena, for documents from the state's flagship university.
Furthermore, your failure to comply with a duly
issued subpoena may expose you to
civil and / or criminal enforcement mechanisms.»
Federal Rule of
Civil Procedure 45 (c)(1) allows a district judge
issuing a
subpoena to award appropriate sanctions, including lost earnings and reasonable attorney's fees, against a party or attorney responsible for
issuing and serving a
subpoena that imposes «undue burden or expense» on a person subject to the
subpoena.
With regard to
civil matters, state court
subpoenas must
issue from a court within California or must be
issued pursuant to the proper California court commission.
Federal
civil subpoenas seeking the production of documents must
issue from the court in the district where the production is to be made.
Attorneys considering a request to interview their individual client or a
subpoena compelling their client to testify in a
civil proceeding must consider a number of complex
issues, particularly when their client faces or could face a parallel criminal proceeding.
The main exceptions to this general rule is that arrest warrants may
issue in a
civil case (i) to compel the attendance of a witness who fails to make a timely response or appearance to a
subpoena after being personally served in a timely manner with that
subpoena, (ii) to compel someone to attend a quasi-criminal contempt of court hearing, and (iii) to arrest someone who have been held in contempt of court.
The commenters identified particular factors that could lead to confusion, including that (1) the phrase «criminal,
civil, or administrative proceeding» appeared in the definitions of both law enforcement Start Printed Page 82673and oversight; (2) the examples of oversight agencies listed in the preamble included a number of organizations that also conduct law enforcement activities; (3) the NPRM addressed the
issue of disclosures to investigate health care fraud in the law enforcement section (§ 164.510 (f)(5)-RRB-, yet health care fraud investigations are central to the mission of some health care oversight agencies; (4) the NPRM established more stringent rules for disclosure of protected health information pursuant to an administrative
subpoena issued for law enforcement than for disclosure pursuant to an oversight agency's administrative
subpoena; and (5) the preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law enforcement activities would be subject to the oversight requirements when conducting oversight activities.
Required by law includes, but is not limited to, court orders and court - ordered warrants;
subpoenas or summons
issued by a court, grand jury, a governmental or tribal inspector general, or an administrative body authorized to require the production of information; a
civil or an authorized investigative demand; Medicare conditions of participation with respect to health care providers participating in the program; and statutes or regulations that require the production of information, including statutes or regulations that require such information if payment is sought under a government program providing public benefits.
The Republican Senate candidate said his office
issued a
civil investigative demand, which functions like a
subpoena, seeking details on how Facebook collects, shares and protects user information.