Wash. Home Remodelers, Inc. v. Attorney Gen., Consumer Prot. Div.
Annotate this CaseAt issue in this case was the scope of authority of the Attorney General's Consumer Protection Division to issue administrative subpoenas in aid of its investigation into potential unfair and deceptive trade practices. The Division in this case sought documents it claimed were relevant to its investigation of Washington Home Remodelers (WHR). WHR demurred, asserting that the Division overreached by seeking discovery into matters in which the regulatory authority resided exclusively with either the Commissioner of Financial Regulation of the Department of Labor, Licensing and Regulation (DLLR) or the Maryland Home Improvement Commission under their respective enabling statutes. The circuit court ordered the subpoena's enforcement. WHR appealed, insisting that the Division subpoena was not authorized by law. The Court of Appeals affirmed, holding that the Division's subpoena was authorized by the Consumer Protection Act, and therefore, the Court did not need to delve into conflicting investigatory prerogatives of separate administrative agencies.
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