MN SF1614

County attorneys may issue administrative subpoenas for records from specified business entities only when subpoenas are relevant to an ongoing legitimate law enforcement investigation, and in welfare fraud and identity theft cases only if there is probable cause that a crime has been committed.

Subpoenas must be filed with the court administrator and a copy provided to any party whose records are sought, regardless of data classification.

County attorneys may request temporary withholding of subpoena contents for up to 180 days (or indefinitely for safety concerns) if the court finds the inquiry is lawful, records are relevant, and disclosure would endanger persons, prompt flight, destroy evidence, intimidate witnesses, or jeopardize the investigation.

When subpoena contents are temporarily withheld, notice that a subpoena was issued and the names of identified parties must still be filed and provided to the subject, with full disclosure required when the withholding period expires.

All information about administrative subpoenas issued in a calendar year, including the nature and supporting data for each, must be made public at all times, except as limited by temporary withholding orders.