Administrative Subpoena Response Guide

ADMINISTRATIVE SUBPOENA RESPONSE GUIDE — MICHIGAN

1. OVERVIEW OF ADMINISTRATIVE SUBPOENA AUTHORITY

1.1 Statutory Framework

Michigan administrative subpoena authority is governed by:

• MCL 24.273 — Requires agencies authorized by statute to issue subpoenas to do so upon written request of any party in a contested case, compelling attendance, testimony, and production of evidence including books, records, correspondence, and documents
• MCL 24.274 — Governs witness fees payable to subpoenaed witnesses
• MCL 24.275 — Provides enforcement mechanism for subpoenas through circuit court
• Act 306 of 1969 (Administrative Procedures Act) — Overall framework for contested case procedures
• Individual agency enabling statutes — Many agencies have independent subpoena authority

1.2 Key Statutory Requirement

Under MCL 24.273, an agency authorized by statute to issue subpoenas must issue them "forthwith" upon a written request by a party in a contested case. This mandatory language means the agency has no discretion to refuse a proper request.

1.3 Types of Administrative Subpoenas

1.4 Common Issuing Agencies

• Michigan Attorney General's Office
• Michigan Administrative Hearing System (MAHS)
• Department of Licensing and Regulatory Affairs (LARA)
• Department of Insurance and Financial Services (DIFS)
• Department of Environment, Great Lakes, and Energy (EGLE)
• Michigan Department of Health and Human Services (MDHHS)
• Michigan Liquor Control Commission
• Michigan Public Service Commission (MPSC)
• Michigan Tax Tribunal
• Bureau of Professional Licensing
• Michigan Occupational Safety and Health Administration (MIOSHA)
• Workers' Disability Compensation Agency
• Michigan Employment Relations Commission (MERC)

2. DEADLINE AND RESPONSE REQUIREMENTS

2.1 Key Deadlines

2.2 Agency Revocation of Subpoenas

Under MCL 24.273, the agency shall revoke a subpoena on written request if:

• The evidence required does not relate to a matter in issue
• The subpoena does not describe with sufficient particularity the evidence to be produced
• For any other reason sufficient in law the subpoena is invalid

2.3 Service Requirements

• Subpoenas must be served in the same manner as subpoenas in civil actions in circuit court
• Personal service is the standard method
• Witness fees must be paid in accordance with MCL 600.2552

2.4 Witness Fees

Under MCL 24.274, witness fees shall be paid to subpoenaed witnesses in accordance with MCL 600.2552 of the Revised Judicature Act. Current fees include:

• Witness fee per day of attendance
• Mileage reimbursement for travel
• Fees must be tendered at or before the time of service

3. INITIAL ASSESSMENT CHECKLIST

Upon receipt of an administrative subpoena, complete the following:

3.1 Receipt and Logging

☐ Record date and time of receipt
☐ Record method of service (personal, mail, other)
☐ Identify the person who accepted service
☐ Verify witness fees and mileage were tendered (if applicable)
☐ Calendar the return/compliance date
☐ Calendar the hearing date (if applicable)
☐ Calendar internal review deadlines (recommend 5 business days before return date)
☐ Make and retain copies of the subpoena and all attachments

3.2 Authority and Jurisdiction Verification

☐ Identify the issuing agency
☐ Verify the agency is "authorized by statute to issue subpoenas" as required by MCL 24.273
☐ Identify the specific enabling statute granting subpoena authority
☐ Confirm there is a pending contested case
☐ Confirm the agency has subject matter jurisdiction
☐ Confirm the agency has personal jurisdiction over the recipient
☐ Verify the subpoena was issued upon proper written request by a party
☐ Verify proper form and authorization

3.3 Scope Analysis

☐ List each request or demand item individually
☐ Note all date ranges specified
☐ Identify custodians and record sources implicated
☐ Determine the subject matter and scope of the contested case
☐ Assess relevance of requests to the matters in issue
☐ Flag requests that are overbroad, vague, or unduly burdensome
☐ Identify privileged materials within scope of requests
☐ Identify trade secret or proprietary information
☐ Identify PII, PHI, or other protected data

3.4 Preservation Obligations

☐ Issue litigation hold notice to all relevant custodians
☐ Suspend automatic deletion policies for relevant data
☐ Preserve all potentially responsive documents and ESI
☐ Coordinate with IT department for electronic preservation
☐ Document all preservation steps with dates and responsible parties

4. GROUNDS TO CHALLENGE AN ADMINISTRATIVE SUBPOENA

4.1 Lack of Jurisdiction

• The agency is not "authorized by statute" to issue subpoenas
• No pending contested case exists at the time of issuance
• The agency lacks subject matter jurisdiction over the underlying dispute
• The agency lacks personal jurisdiction over the recipient
• The subpoena was not issued upon a proper written request by a party

4.2 Irrelevance

Under MCL 24.273, a subpoena shall be revoked if the evidence "does not relate to a matter in issue":

• The documents or testimony sought have no connection to the contested case
• Requests seek information about unrelated matters, persons, or time periods
• The subject matter falls outside the scope of the pending proceeding

4.3 Insufficient Particularity

The subpoena may be revoked if it "does not describe with sufficient particularity the evidence the production of which is required":

• Requests use vague or undefined categories
• Requests are so broad as to be incapable of compliance
• Document categories lack specificity regarding time periods, custodians, or subjects

4.4 Undue Burden

• Cost of compliance is disproportionate to the stakes of the proceeding
• Volume of responsive documents is unreasonably large
• Compliance would cause substantial disruption to the recipient's operations
• Recipient is a non-party with minimal connection to the dispute
• Information is available from a more convenient, less burdensome source

4.5 Privilege

• Attorney-client privilege — MCL 767.5a; Michigan Rules of Evidence, MRE 501
• Work product doctrine — Materials prepared in anticipation of litigation
• Fifth Amendment — Against self-incrimination (individuals only, not corporations)
• Physician-patient privilege — MCL 600.2157
• Psychologist-patient privilege — MCL 333.18237
• Spousal privilege — MCL 600.2162
• Clergy-communicant privilege — MCL 600.2156
• HIPAA protections — For protected health information

4.6 Trade Secret Protection

• Michigan Uniform Trade Secrets Act (MCL 445.1901-445.1910)
• Request protective order restricting access and use of trade secret materials
• Propose confidentiality designations and need-to-know restrictions
• Support trade secret claim with affidavit identifying specific information and protective measures

4.7 Procedural Defects

• Agency not authorized by statute to issue subpoenas
• Subpoena not issued upon written request of a party (as required by MCL 24.273)
• Improper service (not served in manner for civil actions in circuit court)
• Witness fees not tendered as required
• Insufficient time between service and return date
• No pending contested case

5. RESPONSE LETTER TEMPLATE

[LETTERHEAD]

[Date: __/__/____]

[Agency Name]
[Address]
[City, State, ZIP]

Attn: [________________________________]

Re: Response to Administrative Subpoena
    Case No.: [________________________________]
    MAHS Docket No.: [________________________________]
    Subpoena Issued: [__/__/____]
    Return/Hearing Date: [__/__/____]

Dear [________________________________]:

This firm represents [________________________________] ("Respondent") in
connection with the above-referenced subpoena issued by
[________________________________] pursuant to MCL 24.273 in the contested
case of [________________________________].

I. RESPONSE TO SPECIFIC REQUESTS

[Request No. 1: [________________________________]

Response: [________________________________]

Documents Produced: [____] documents, Bates Nos. [____] through [____]

Objections (if any): [________________________________]]

[Repeat for each request]

II. GENERAL OBJECTIONS

Respondent objects to the subpoena to the extent it:

1. Seeks information protected by the attorney-client privilege and/or
   work product doctrine;
2. Seeks evidence that does not relate to a matter in issue in the
   pending contested case;
3. Does not describe with sufficient particularity the evidence
   to be produced;
4. Is unduly burdensome;
5. Seeks trade secret or proprietary information without adequate
   protective measures;
6. Seeks information protected by HIPAA or Michigan medical privacy
   statutes;
7. [________________________________].

III. PRIVILEGE LOG

A privilege log identifying documents withheld or redacted is attached
as Exhibit [____].

IV. PRODUCTION

Respondent produces [____] documents, Bates-labeled [____] through
[____], in [format: PDF / native / paper] format.

V. REQUEST FOR PROTECTIVE ORDER

Respondent requests that the [ALJ/Agency] enter a protective order
governing [________________________________].

VI. RESERVATION OF RIGHTS

Respondent reserves all rights and objections not expressly waived,
including the right to supplement or amend this response.

Respectfully submitted,

_________________________________________
[Attorney Name], Esq.
[Michigan Bar No.: P____]
[Firm Name]
[Address]
[Phone: ____]
[Email: ________________________________]

6. MOTION TO QUASH OR MODIFY TEMPLATE

STATE OF MICHIGAN
[AGENCY NAME / CIRCUIT COURT FOR THE COUNTY OF ________________]

In the Matter of:                    )
                                     )
[________________________________]   )   Case No. [________________]
                                     )
         v.                          )   MAHS Docket No. [__________]
                                     )
[________________________________]   )
                                     )

MOTION TO QUASH OR MODIFY ADMINISTRATIVE SUBPOENA
[or, if in Circuit Court: PETITION TO QUASH ADMINISTRATIVE SUBPOENA]

NOW COMES [________________________________] ("Movant"), by and through
undersigned counsel, and respectfully moves this [Agency/Honorable Court]
to quash or, in the alternative, modify the administrative subpoena issued
on [__/__/____], returnable [__/__/____]. In support, Movant states:

I. PROCEDURAL BACKGROUND

1. This contested case involves [________________________________].

2. On [__/__/____], [Party Name] requested and the agency issued a
   [subpoena duces tecum / subpoena ad testificandum] directing
   Movant to [produce documents / appear and testify] on [__/__/____].

3. Movant received the subpoena on [__/__/____].

II. STATEMENT OF FACTS

4. [________________________________]

5. [________________________________]

III. LEGAL STANDARD

6. Under MCL 24.273, an agency shall revoke a subpoena on written
   request if:
   (a) The evidence does not relate to a matter in issue;
   (b) The subpoena does not describe with sufficient particularity
       the evidence to be produced; or
   (c) For any other reason sufficient in law the subpoena is invalid.

7. Under MCL 24.275, the circuit court has authority to quash or modify
   a subpoena in an enforcement proceeding.

IV. ARGUMENT

A. THE EVIDENCE SOUGHT DOES NOT RELATE TO A MATTER IN ISSUE

8. [________________________________]

B. THE SUBPOENA LACKS SUFFICIENT PARTICULARITY

9. [________________________________]

C. THE SUBPOENA IS UNDULY BURDENSOME

10. [________________________________]

D. THE SUBPOENA SEEKS PRIVILEGED INFORMATION

11. [________________________________]

E. THE SUBPOENA IS PROCEDURALLY DEFECTIVE

12. [________________________________]

V. ALTERNATIVE REQUEST FOR MODIFICATION

13. In the alternative, Movant requests that the subpoena be modified
    as follows: [________________________________].

VI. REQUEST FOR PROTECTIVE ORDER

14. Movant requests a protective order providing:
    [________________________________].

VII. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this [Agency/Court]:

(a) Quash the subpoena in its entirety; or, in the alternative,

(b) Modify the subpoena as set forth above;

(c) Enter a protective order governing any production;

(d) Award Movant reasonable costs and attorney fees;

(e) Grant such other relief as is just and equitable.

Respectfully submitted,

_________________________________________
[Attorney Name], Esq.
[Michigan Bar No.: P____]
[Firm Name]
[Address]
[Phone: ____]
[Email: ________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true copy of the foregoing was
served upon all parties of record by [personal service / first-class
mail / electronic service] to:

[________________________________]
[________________________________]

_________________________________________
[Attorney Name]

7. PRIVILEGE LOG FORMAT

Privilege Designations:

• AC — Attorney-Client Privilege
• WP — Work Product Doctrine
• AC/WP — Attorney-Client Privilege and Work Product
• 5A — Fifth Amendment Privilege Against Self-Incrimination
• TS — Trade Secret / Proprietary Information (MCL 445.1901)
• PP — Physician-Patient Privilege (MCL 600.2157)
• PSY — Psychologist-Patient Privilege (MCL 333.18237)
• SP — Spousal Privilege (MCL 600.2162)
• HIPAA — Protected Health Information

8. COMPLIANCE PROCEDURES

8.1 Document Collection

☐ Identify all custodians with potentially responsive documents
☐ Map data sources (email, shared drives, cloud storage, paper files, mobile devices)
☐ Collect documents from all identified sources using defensible methods
☐ Maintain chain of custody log for all collected materials
☐ Use forensically sound collection methods for electronic evidence
☐ Document search terms, date filters, and collection parameters

8.2 Document Review

☐ Conduct first-level relevance review against each subpoena request
☐ Conduct privilege review for attorney-client, work product, and statutory privileges
☐ Identify and segregate trade secret and proprietary information
☐ Redact PII, PHI, SSNs, or other protected data as appropriate
☐ Prepare privilege log for all withheld and redacted documents
☐ Conduct quality control review of production set

8.3 Production

☐ Organize production by subpoena request number where practicable
☐ Apply Bates numbering to all produced pages
☐ Prepare production in agreed format (paper, PDF, native, TIFF)
☐ Prepare cover letter summarizing production, objections, and withheld items
☐ Retain complete duplicate of all produced materials
☐ Deliver production before the return date
☐ Obtain acknowledgment of receipt from the requesting party or agency

8.4 Post-Production

☐ Calendar follow-up deadlines and hearing dates
☐ Monitor for supplemental requests or deficiency notices
☐ Supplement production if additional responsive documents are identified
☐ Maintain complete file of all subpoena-related materials

9. CONSEQUENCES OF NON-COMPLIANCE

9.1 Circuit Court Enforcement

Under MCL 24.275, if a person refuses to comply with a subpoena:

1. The party on whose behalf the subpoena was issued may file a petition in the Circuit Court for Ingham County or the county where the hearing is held
2. The Circuit Court may issue an order requiring compliance
3. Failure to obey the court's order constitutes contempt of court

9.2 Venue for Enforcement

Enforcement petitions may be filed in:

• The Circuit Court for Ingham County (state capital)
• The Circuit Court for the county where the agency hearing is held
• The Circuit Court for the county where the witness resides or may be found

9.3 Potential Consequences

• Civil contempt — Fines and/or imprisonment until compliance
• Criminal contempt — Punishment for willful defiance of lawful subpoena
• Adverse inference — The agency or ALJ may draw negative inference from non-compliance
• Default or adverse disposition — In contested cases, non-compliance may result in default judgment
• Sanctions — Court-imposed costs and attorney fees
• Professional licensing consequences — Non-compliance may affect professional licensure

10. SPECIAL CONSIDERATIONS FOR MICHIGAN

10.1 Michigan Administrative Hearing System (MAHS)

MAHS conducts contested case hearings for multiple state agencies. Key considerations:

• MAHS follows procedures set forth in MCL 24.271-24.287
• Administrative law judges within MAHS preside over hearings
• Subpoena requests must be directed to the specific agency authorized to issue them
• MAHS has its own procedural rules that supplement the APA

10.2 LARA and Professional Licensing

The Department of Licensing and Regulatory Affairs (LARA) oversees professional licensing and may issue subpoenas in connection with:

• License application proceedings
• Disciplinary proceedings
• Compliance investigations
• Consumer complaints

10.3 AG Consumer Protection Investigations

Under the Michigan Consumer Protection Act (MCL 445.901 et seq.), the Attorney General may:

• Issue investigative subpoenas
• Demand production of documents and testimony
• Seek enforcement through circuit court

10.4 Tax Tribunal Subpoenas

The Michigan Tax Tribunal has independent subpoena authority under MCL 205.726. Tax Tribunal subpoenas follow slightly different procedures than general APA subpoenas:

☐ Verify whether the subpoena was issued by the Tax Tribunal or a different agency
☐ Review Tax Tribunal rules of procedure for specific requirements
☐ Note that Tax Tribunal decisions are appealed directly to the Court of Appeals

10.5 Coordination with Federal Proceedings

If the administrative subpoena relates to a matter also under federal investigation:

☐ Assess Fifth Amendment implications for individuals
☐ Determine whether a stay of the administrative proceeding is appropriate
☐ Coordinate privilege assertions across proceedings
☐ Consider Garrity protections for public employees (compelled statements)

11. SOURCES AND REFERENCES

• Michigan Administrative Procedures Act of 1969, Act 306 (MCL 24.201-24.328)
• MCL 24.273 (Subpoenas in Contested Cases)
• MCL 24.274 (Witness Fees)
• MCL 24.275 (Enforcement of Subpoenas)
• Michigan Court Rules, MCR 2.506 (Subpoenas)
• Michigan Consumer Protection Act, MCL 445.901 et seq.
• Michigan Uniform Trade Secrets Act, MCL 445.1901-445.1910
• Michigan Rules of Evidence, MRE 501 (Privileges)

This guide is intended for use by licensed Michigan attorneys. It does not constitute legal advice and should not be relied upon as a substitute for consultation with qualified legal counsel familiar with the specific facts and circumstances of the matter at hand.