U.S. v. Florida Azalea Specialists, 93-2206
| Decision Date | 22 April 1994 |
| Docket Number | No. 93-2206,93-2206 |
| Citation | 19 F.3d 620 |
| Parties | 64 Fair Empl.Prac.Cas. (BNA) 769, 62 USLW 2718 UNITED STATES of America, Plaintiff-Appellee, v. FLORIDA AZALEA SPECIALISTS, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Frank Paul Riggs, Sun City Center, FL, for defendant-appellant.
John L. Patrick, Jr., Asst. U.S. Atty., Tampa, FL, Rose A. Briceno, Anita J. Stephens, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before COX, and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.
Appellant Florida Azalea Specialists ("Florida Azalea") appeals the district court's order enforcing a subpoena issued by an Administrative Law Judge ("ALJ") pursuant to 8 U.S.C. Sec. 1324b(f)(2). For the reasons that follow, we affirm the district court's order.
In October 1992, Carmen Polanco ("Polanco") filed a charge of unfair immigration-related employment practice against Florida Azalea. The Office of Special Counsel of the Immigration Related Unfair Employment Practices ("Special Counsel") notified Florida Azalea by certified mail of its investigation. The notification also requested information and documents required to determine whether Florida Azalea was engaged in unfair immigration-related employment practices. Florida Azalea informed the Office of Special Counsel that it would not produce the requested information. The Special Counsel then sought and obtained an administrative subpoena pursuant to 8 U.S.C. Sec. 1324b(f)(2). Florida Azalea failed to comply with the subpoena.
After Florida Azalea failed to comply with the subpoena, the Special Counsel sought and obtained enforcement of the subpoena by the district court pursuant to 8 U.S.C. Sec. 1324b(f)(2). Florida Azalea filed an emergency motion to stay the district court's order enforcing the subpoena. The district court denied the motion. Florida Azalea filed a Notice of Interlocutory Appeal and a motion to stay compliance with the subpoena. This court denied the motion to stay. Thereafter, Florida Azalea complied with the subpoena. Subsequently, based upon a review of the subpoenaed documents and information, the Special Counsel dismissed the charge of discrimination, declined to file a complaint against Florida Azalea, and referred the complaint to the Equal Employment Opportunity Commission ("EEOC").
Due to Florida Azalea's compliance with the subpoena, the government contends that this appeal is moot as there no longer exists a for this court to consider. See North Carolina v. Rice, 404 U.S. 244, 246, 92 S.Ct. 402, 404, 30 L.Ed.2d 413 (1971). Thus, we must first address the threshold question of mootness. "We consider questions of mootness under a plenary standard of review." Reich v. Local 30, IBT, 6 F.3d 978, 984 (3rd Cir.1993); State of New Jersey Dept. of Environmental Protection & Energy v. Heldor Industries, 989 F.2d 702, 705 (3rd Cir.1993). See also Wakefield v. Church of Scientology, 938 F.2d 1226, 1229 (11th Cir.1991) ().
Under Article III of the Constitution, federal court jurisdiction depends on the "existence of a case or controversy." North Carolina v. Rice, 404 U.S. at 246, 92 S.Ct. at 404. The case or controversy doctrine places a dual limitation upon federal courts which is termed "justiciability." Flast v. Cohen, 392 U.S. 83, 94-95, 88 S.Ct. 1942, 1949-50, 20 L.Ed.2d 947 (1968). Justiciability seeks to ensure that federal courts address only questions which are presented in an adversarial context and that the judiciary does not encroach upon the powers of other branches of government. Flast, 392 U.S. at 94-95, 88 S.Ct. at 1949-50. Therefore, a federal court has no authority "to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it." Mills v. Green, 159 U.S. 651, 653, 16 S.Ct. 132, 133, 40 L.Ed. 293 (1895). "For that reason, if an event occurs while a case is pending on appeal that makes it impossible for the court to grant 'any effectual relief whatever' to a prevailing party, the appeal must be dismissed." Church of Scientology of California v. U.S., --- U.S. ----, ----, 113 S.Ct. 447, 449, 121 L.Ed.2d 313 (1992) (citations omitted).
The question of mootness in the present case is controlled by the Supreme Court's decision in Church of Scientology. In that case, the district court ordered a state-court clerk to comply with a summons issued by the Internal Revenue Service ("IRS"). The summons requested production of two tapes recording conversations between officials of the Church of Scientology ("the Church") and their attorneys. The Church filed a timely notice of appeal, but its request for a stay of the summons enforcement order was unsuccessful and copies of the tapes were delivered to the IRS while the appeal was pending. The Court of Appeals dismissed the appeal as moot, finding that no controversy existed because the IRS had already obtained the tapes. The Supreme Court vacated and remanded, holding that compliance with the summons enforcement order did not moot the Church's appeal. 1 The Court reasoned that although the Court of Appeals cannot return the parties to the "status quo ante," the court can effectuate a partial remedy by ordering the government to destroy or return any and all copies of the tapes in its possession. Church of Scientology, --- U.S. at ----, 113 S.Ct. at 450.
As in Scientology, we could effectuate a partial remedy to Florida Azalea by ordering the government to return or destroy the documents sought by the subpoena if we held that the subpoena was improperly issued and enforced. Although the Special Counsel determined not to pursue an action against Florida Azalea, the Special Counsel referred the case to the EEOC for investigation. Therefore, a potential for further action exists. Accordingly, this appeal is not moot because if we hold that the subpoena was improperly issued, Florida Azalea would be entitled to a partial remedy in the form of return or destruction of its documents.
Having resolved the jurisdictional issue, we now turn to the merits of the appeal. Florida Azalea contends that the ALJ did not have the authority to issue the administrative subpoena. In considering this issue, "[w]e apply a de novo standard of review to an agency's conclusions of law ... [and] we give a certain amount of deference to an agency's reasonable construction of a statute it is charged with administering." Mester Manufacturing Co. v. INS, 879 F.2d 561, 565 (9th Cir.1989). See also Peters v. United States, 853 F.2d 692, 695 (9th Cir.1988) ().
The Supreme Court has recognized the broad investigatory power of administrative agencies:
Because judicial power is reluctant if not unable to summon evidence until it is shown to be relevant to issues in litigation, it does not follow that an administrative agency charged with seeing that the laws are enforced may not have and exercise powers of original inquiry. It has a power of inquisition, if one chooses to call it that, which is not derived from the judicial function. It is more analogous to the Grand Jury, which does not depend on a case or controversy for power to get evidence but can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.
United States v. Morton Salt Co., 338 U.S. 632, 642-43, 70 S.Ct. 357, 364, 94 L.Ed. 401 (1950). See also Peters, 853 F.2d at 696 ().
"It is well-settled that the role of a district court in a proceeding to enforce an administrative subpoena is sharply limited; inquiry is appropriate only into whether the evidence sought is material and relevant to a lawful purpose of the agency." EEOC v. Kloster Cruise Ltd., 939 F.2d 920, 922 (11th Cir.1991). "As a general rule, an administrative subpoena should be enforced 'if the inquiry is within the authority of the agency, the demand is not too indefinite and the information sought is reasonably relevant.' " Federal Election Com'n v. Florida for Kennedy Committee, 681 F.2d 1281, 1284 (11th Cir.1982) (citations omitted). See also Burlington Northern R. Co. v. Office of Inspector General R.R. Retirement Bd., 983 F.2d 631, 638 (5th Cir.1993).
The Immigration Reform and Control Act of 1986 ("IRCA"), 8 U.S.C. Sec. 1324b, prohibits discrimination in hiring, firing or recruitment or referral for a fee based on an individual's national origin or citizenship status. See 8 U.S.C. Sec. 1324b(a)(1). Any person alleging that he or she was adversely affected by an unfair immigration-related practice may file a charge of discrimination with the Office of Special Counsel. Id. The Special Counsel must investigate each complete charge received within 120 days of its receipt to determine whether there is reasonable cause to believe the charge is true, and if a complaint should be brought before an ALJ. Id. at Sec. 1324b(d)(1). If the Special Counsel does not file such a complaint within the 120 day period, the Special Counsel must notify the charging party who can then file a complaint with an ALJ within 90 days of the charging party's receipt of the Special Counsel's notice. Id. at Sec. 1324b(d)(2).
In the present case, the Special Counsel meets the first criteria enunciated in Federal Election Com'n. The authority to investigate is granted by Congress to the Special Counsel pursuant to 8 U.S.C. Sec. 1324b(f)(2). Under this subsection, the Special Counsel must be given...
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