Labor and Employment Law Division Policy on Use of Administrative Subpoenas
In furtherance of the Department’s mission to make Virginia a better-place to work, live and conduct business, the following policy is being adopted to assure to the fullest extent of the law that comprehensive investigations are conducted by Labor and Employment Law personnel.
At the discretion of the Commissioner or in those instances where cooperation from an employer, employee or other individual is not forthcoming during the pendency of an investigation, the Investigator shall consult with the Director of the Division of Labor and Employment to determine whether the use of an administrative subpoena and/or interrogatories under Va Code §40.1-6(4) is needed to complete the investigation. The Division of Legal Services will be available to provide support in preparing the administrative subpoena/interrogatories.
Policy Memorandum: Policy on use of Adminstrative Subpoenas – May 7, 2015