New York Law (NYLE) Practice Exam

What is the procedure for a witness to challenge a subpoena issued by an administrative agency's hearing officer?

1. Ignore the subpoena and refuse to comply

2. Request the hearing officer to withdraw the subpoena first

3. Appeal directly to the supreme court

4. Consult with a lawyer before taking any action

The correct answer is: Request the hearing officer to withdraw the subpoena first

The appropriate procedure for a witness to challenge a subpoena issued by an administrative agency's hearing officer involves formally requesting that the hearing officer withdraw the subpoena. This step is crucial because it allows the witness to express their objections within the administrative framework of the agency. By doing this, the witness is engaging with the process and providing the hearing officer an opportunity to consider the validity or appropriateness of the subpoena before escalating the matter further. Withdrawing a subpoena through a direct request is a recognized procedural action in administrative law that helps preserve the integrity of the administrative process. It allows for potential resolution without the need for additional litigation or legal action, which can be more complex and time-consuming. Other options like ignoring the subpoena can lead to negative consequences, including contempt of court, while appealing directly to the supreme court bypasses the necessary administrative steps and can result in procedural complications. Consulting a lawyer before taking any action, while often beneficial for legal advice, does not address the immediate procedural requirement of challenging the subpoena directly with the hearing officer. Thus, requesting withdrawal from the hearing officer first is the most appropriate and effective course of action.