Reference - Four Paws Protection

Multiple Choice

Reference - Four Paws Protection. Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules. The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate. Which of the following is true regarding the claim of Fluffy Shampoo that the agency had no power to compel attendance and the provision of documents?

A) Fluffy Shampoo is correct because while the agency had the right to request voluntary compliance and refer Fluffy Shampoo to law enforcement if Fluffy Shampoo would not voluntarily comply, the agency had no power to require compliance.
B) Fluffy Shampoo is correct in that the agency could not require the provision of documents, but incorrect regarding the power of the agency to require attendance at a hearing.
C) Fluffy Shampoo is correct in that the agency could not require attendance at a hearing, but incorrect regarding the power of the agency to require the provision of documents.
D) Fluffy Shampoo is incorrect, and the agency had the power to issue a document called a subpoena requiring attendance at a hearing and a document called a subpoena ducestecum requiring that Fluffy Shampoo bring specified documents to the hearing.
E) Fluffy Shampoo is incorrect, and the agency had the power to issue a document called a certified order requiring attendance at a hearing and a document called a summons requiring that Fluffy Shampoo bring specified documents to the hearing.