Legal Definitions - examining authority

An examining authority refers to any person or body that is legally empowered to conduct an official inquiry, investigation, or review. This authority typically includes the power to gather evidence, compel testimony, make findings of fact, and sometimes issue recommendations or decisions based on the outcome of their examination.

• Example 1: Regulatory Investigation

  The Securities and Exchange Commission (SEC) launches an investigation into a publicly traded company following allegations of insider trading. The SEC issues subpoenas for financial records and interviews key executives and employees.

  In this scenario, the SEC acts as an examining authority. It possesses the legal mandate to investigate potential violations of securities laws, gather evidence through subpoenas, and conduct interviews to determine the facts of the case.

• Example 2: Professional Licensing Board

  A state bar association receives a formal complaint against an attorney alleging a breach of professional ethics. The bar association's disciplinary committee initiates a formal inquiry into the attorney's conduct.

  Here, the state bar association's disciplinary committee functions as an examining authority. It is legally authorized to investigate complaints, review evidence, conduct hearings, and make findings regarding the attorney's adherence to professional standards, potentially leading to disciplinary action.

• Example 3: Legislative Oversight Committee

  A congressional committee holds hearings to investigate the effectiveness and spending practices of a federal agency responsible for disaster relief, following a major natural disaster.

  The congressional committee, in this context, serves as an examining authority. It has the power to call witnesses, request documents, and conduct hearings to scrutinize the agency's operations, assess its performance, and inform potential legislative changes.