Irwin v. Board of Regents of University of New York, 27 N.Y.2d 292 (1970)
The issuance of subpoenas in administrative disciplinary proceedings is discretionary, not mandatory, when the administrative body possesses specific statutory authority to issue such subpoenas; the denial of a subpoena request is reviewed for abuse of discretion.
Summary
Irwin, a certified public accountant, was found guilty of furnishing a gratuity to a federal employee and subsequently faced disciplinary charges by the Department of Education. He argued that the denial of his request for subpoenas duces tecum at the administrative hearing constituted a denial of a fair hearing. The Court of Appeals held that the issuance of subpoenas under Education Law § 7406(3) is discretionary with the subcommittee, not mandatory, and found no abuse of discretion in the subcommittee’s denial of Irwin’s request.
Facts
Irwin, a certified public accountant, was convicted in federal court for giving $400 to an IRS employee related to an audit of Irwin’s clients’ income taxes. The Department of Education charged Irwin with having been convicted of a crime (Education Law, § 7406, subd. 1, par. [c]) and with unprofessional conduct (Education Law, § 7406, subd. 1, par. [1b]). During the hearing before the Public Accounting Committee on Grievances, Irwin requested subpoenas duces tecum, which were denied.
Procedural History
The subcommittee of the Public Accounting Committee found Irwin guilty on both charges, and the Board of Regents ordered the revocation of Irwin’s license. Irwin appealed, arguing he was denied a fair hearing because his subpoena request was denied. The Appellate Division affirmed the Board’s decision, but the Court of Appeals modified the decision regarding the applicability of CPLR 2307 and affirmed the order.
Issue(s)
Whether Education Law § 7406(3) grants a respondent in an administrative disciplinary proceeding an unqualified right to have subpoenas issued on his behalf, or whether the issuance of such subpoenas is discretionary with the subcommittee.
Whether the subcommittee abused its discretion in denying Irwin’s request for subpoenas duces tecum.
Holding
No, because the statute must be read as a whole, indicating that the issuance of subpoenas upon request is within the subcommittee’s discretion.
No, because Irwin’s stated purpose for the subpoenas would not have supported his claims.
Court’s Reasoning
The Court reasoned that CPLR 2307 applies only to subpoenas issued pursuant to CPLR 2302(a), concerning administrative boards without specific subpoena power. Since the Education Law § 7406(3) grants the subcommittee explicit authority to issue subpoenas, CPLR 2307 does not govern. The court interpreted Education Law § 7406(3), stating that the provision must be read in its entirety, noting the use of “likewise”, “similar power”, and “necessary”. This indicates that the issuance of subpoenas is not a mandatory right of the respondent but is discretionary. The court stated, “If Irwin’s arguments were accepted, we would then have a situation in which a respondent would have an unlimited right to subpoenas, whereas the complainant’s right to subpoenas would be subject, in every instance, to the committee’s discretion. It seems to us that the Legislature did not intend such a result for an adversary proceeding.” The court then considered whether the denial was an abuse of discretion. Regarding the argument that the federal conviction was not a crime under the Education Law, the court pointed out that the Education Law makes no distinction between types of crimes and a subpoena would not support this claim. The court quoted United States v. Irwin, stating, “The awarding of gifts thus related to an employee’s official acts is an evil in itself…because it tends, subtly or otherwise, to bring about preferential treatment.” As to the second specification, the court found that the regulation defining unprofessional conduct was properly filed and published, negating Irwin’s claim. Therefore, the denial of the subpoena was not an abuse of discretion.