Final answer:
Agencies get subpoena power through legislative statutes that define their authority to ensure they can conduct investigations and enforce regulations effectively. This power is typically used within the agency's jurisdiction and area of expertise, and it is subject to judicial review.
Step-by-step explanation:
To understand how an agency gets subpoena power, we have to look at the legal framework within which it operates. A subpoena is a legal document that orders an individual or organization to provide testimony or produce evidence in a legal proceeding. Agencies typically get subpoena power through specific statutes enacted by the legislative body that creates or governs the agency. This authority is granted so that the agency can fulfill its investigative and regulatory functions effectively.
For example, in the United States, federal agencies like the Securities and Exchange Commission (SEC) or the Environmental Protection Agency (EPA) have the authority to issue subpoenas. This power is based on laws passed by Congress that define the scope and procedures of each agency's enforcement capabilities. Similarly, at a state level, legislatures grant state agencies the power to enforce state laws and regulations, which often includes the power to issue subpoenas.
It's important to mention that an agency's subpoena power is usually limited to its jurisdiction and area of expertise. Moreover, the exercise of this power is subject to judicial review to ensure that it is not abused or exceeded. If an agency issues a subpoena, the recipient has the right to challenge it in court, and the agency must demonstrate that the information sought is relevant and material to an investigation within its purview.