Mass. Gen. Laws » Part I Title III Chapter 30A
Massachusetts General Laws

Mass. Gen. Laws ch. 30A, § 12 (2026)

Adjudicatory proceedings; subpoenas

✓ current as of July 2026
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Section 12. In conducting adjudicatory proceedings, agencies shall issue, vacate, modify and enforce subpoenas in accordance with the following provisions:—

(1) Agencies shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents, relating to any matter in question in the proceeding. Agencies may administer oaths and affirmations, examine witnesses, and receive evidence. The power to issue subpoenas may be exercised by any member of the agency or by any person or persons designated by the agency for such purpose.

(2) The agency may prescribe the form of subpoena, but it shall adhere, in so far as practicable, to the form used in civil cases before the courts. Witnesses shall be summoned in the same manner as witnesses in civil cases before the courts, unless another manner is provided by any law. Witnesses summoned shall be paid the same fees for attendance and travel as in civil cases before the courts, unless otherwise provided by any law.

(3) Any party to an adjudicatory proceeding shall be entitled as of right to the issue of subpoenas in the name of the agency conducting the proceeding. The party may have such subpoenas issued by a notary public or justice of the peace, or he may make written application to the agency, which shall forthwith issue the subpoenas requested. However issued, the subpoena shall show on its face the name and address of the party at whose request the subpoena was issued. Unless otherwise provided by any law, the agency need not pay fees for attendance and travel to witnesses summoned by a party.

(4) Any witness summoned may petition the agency to vacate or modify a subpoena issued in its name. The agency shall give prompt notice to the party, if any, who requested issuance of the subpoena. After such investigation as the agency considers appropriate it may grant the petition in whole or part upon a finding that the testimony, or the evidence whose production is required, does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive, or has not been issued a reasonable period in advance of the time when the evidence is requested.

(5) Upon the failure of any person to comply with a subpoena issued in the name of the agency and not revoked or modified by the agency as provided in this section, any justice of the superior court, upon application by the agency or by the party who requested that the subpoena be issued, may in his discretion issue an order requiring the attendance of such person before the agency and the giving of testimony or production of evidence. Any person failing to obey the court's order may be punished by the court for contempt.

Notes of Decisions
Cited in 13 cases, 1963–2013 · leading case: Boston Police Superior Officers Fed'n v. City of Boston, 608 N.E.2d 1023 (Mass. 1993).
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Boston Police Superior Officers Fed'n v. City of Boston, 608 N.E.2d 1023 (Mass. 1993). · cites it 5× “We transferred this case here on our own motion to consider the appeal by the city of Boston (city) from a judgment entered in the Superior Court in an action brought by the Boston Police Superior Officers Federation (federation) for judicial enforcement of subpoenas pursuant to…”
Embers of Salisbury, Inc. v. Alcoholic Beverages Control Comm'n, 517 N.E.2d 830 (Mass. 1988). · cites it 2× “G.L.c. 30A, § 12 (3) and (5) (1986 ed.). The licensees chose not to call Kozec and rested on the stipulated testimony of other witnesses.”
Sch. Comm. v. Massachusetts Comm'n Against Discrimination, 386 N.E.2d 1240 (Mass. 1979). · cites it 2× “G. L. c. 30A, § 12 (5). 17 Since the school committee chose not to request a recess in commission proceedings in order to pursue its statutory remedy, it would be inappropriate for us to grant relief at this juncture.”
Box Pond Ass'n v. Energy Facilities Siting Bd., 435 Mass. 408 (Mass. 2001). “04(3)(b), (c), required a seven-day opportunity for opposition to a subpoena to be filed before a ruling could be made.”
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). “398, § 32A, eliminated from appellate scrutiny whether a decision of the [DIA reviewing] board is ‘[unsupported by substantial evidence,’ the factor set forth in G.L. c. 30A, § 12(7)(e).” Scheffler’s Case , 419 Mass, at 258 n.”
Aronson v. Brookline Rent Control Bd., 477 N.E.2d 182 (Mass. App. Ct. 1985). “…of an agency as a plaintiff in court is to enforce orders eventuating from its administrative proceedings. See G. L. c. 30A, § 12(5); St. 1970, c. 843, §§ 2, 5(b); by-law 38, §§ 10(b), 12(c); regulation 29, § 11(b). If the board has any capacity for pursuing a fraud…”
In the Matter of Tobin, 628 N.E.2d 1273 (Mass. 1994). “G. L. c. 30A, § 12 (1992 ed.) (agency may vacate subpoenas on finding that testimony would not relate with reasonable directness to any matter in question or subpoena is unreasonable or oppressive).”
Dwyer v. Comm'r of Ins., 376 N.E.2d 826 (Mass. 1978). “This did not conform to G. L. c. 30A, § 12 (3), but we are clear that there was no prejudice to the examiners’ case.”
State Ethics Comm'n v. Doe, 631 N.E.2d 37 (Mass. 1994). · cites it 2× “If such reasonable cause exists, the commission may initiate an adjudicatory proceeding. Although the statute grants the commission the power to summons information, the statute is silent on whether this power extends to all stages of the commission’s activities.”
Lawless v. Bd. of Reg. in Pharmacy, 996 N.E.2d 878 (Mass. 2013). “The record does not demonstrate that Lawless sought judicial enforcement of the subpoena, or that he submitted a written request to the board, pursuant to G. L. c. 30A, § 12, to issue a subpoena on his behalf.”
Commonwealth v. Bessette, 187 N.E.2d 810 (Mass. 1963). “Power to administer an oath is given to the Commissioner by the State Administrative Procedure Act, G. L. c. 30A, § 12, inserted by St. 1954, c.”
Doe v. State Ethics Comm'n, 827 N.E.2d 694 (Mass. 2005). “*276 As an administrative agency, the commission already has the authority, under G. L. c. 30A, § 12, to issue a summons in connection with an adjudicatory proceeding.”
Show all 13 citing cases →
— Mass. Gen. Laws ch. 30A, § 12(5) — 1 case
Aronson v. Brookline Rent Control Bd., 477 N.E.2d 182 (Mass. App. Ct. 1985). “…of an agency as a plaintiff in court is to enforce orders eventuating from its administrative proceedings. See G. L. c. 30A, § 12(5); St. 1970, c. 843, §§ 2, 5(b); by-law 38, §§ 10(b), 12(c); regulation 29, § 11(b). If the board has any capacity for pursuing a fraud…”
— Mass. Gen. Laws ch. 30A, § 12(7)(e) — 1 case
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). “398, § 32A, eliminated from appellate scrutiny whether a decision of the [DIA reviewing] board is ‘[unsupported by substantial evidence,’ the factor set forth in G.L. c. 30A, § 12(7)(e).” Scheffler’s Case , 419 Mass, at 258 n.”
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