Administrator Powers
Chapters in this video
- 0:00 What the administrator can and cannot do
- 1:31 Investigations without court approval
- 1:59 Subpoena power and the enforcement trap
- 3:52 Contumacy and cross-border subpoenas
- 4:25 Compelled testimony and use immunity
- 5:15 Cease and desist orders versus injunctions
- 6:37 The three-tier power matrix
- 7:38 Rapid-fire exam recap
What this video covers
- Why the administrator can investigate and subpoena at their sole discretion, yet cannot personally enforce a subpoena without court intervention
- The exact meaning of contumacy, and the step-by-step flow from subpoena issuance to court-ordered enforcement to contempt of court
- How administrators cooperate across state lines through cross-border subpoenas, and the legal condition that must be met for reciprocal enforcement
- Why compelled testimony overrides Fifth Amendment self-incrimination claims, and the precise scope of use immunity versus the lack of immunity for perjury or contempt
- The critical distinction between cease and desist orders (administrator alone, no prior hearing) and injunctions (court required, with remedies like receivership and restitution)
- Why the administrator pays zero bond when seeking injunctive relief, while private parties typically must post a bond
- The three-tier power matrix: administrator alone, administrator plus court, and court alone, with concrete examples of each
Read the full lesson, free
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