Investigations, Enforcement Deadlines & Due Process
INVESTIGATIONS, ENFORCEMENT DEADLINES & DUE PROCESS
POSITION
Government investigations should find facts and produce a decision. They should not become indefinite punishment without charges, a public-relations weapon, or a way to burden someone until they surrender.
THIRTY DAYS FROM OPENING TO DECISION
A covered federal civil or administrative investigation directed at an identified person, business, organization, or transaction must be completed within 30 calendar days after it is formally opened.
By the end of day 30, the responsible agency must take one of the following actions:
close the investigation and provide written reasons;
file a civil or administrative complaint identifying the law, material facts, evidence, and requested remedy;
enter a written and publicly reviewable consent order or settlement;
make a documented criminal referral identifying the suspected offense and supporting evidence.
Filing a case or making a criminal referral completes the investigation. The resulting prosecution, trial, hearing, or appeal remains governed by ordinary constitutional and procedural protections. An agency may not evade the deadline by informally keeping the same matter open, renaming it, transferring it, or repeatedly issuing substantially identical demands. A closed matter may be reopened only when materially new evidence is documented.
FACTUAL BASIS BEFORE COERCIVE PROCESS
Before issuing a subpoena, freezing property, demanding extensive records, publicly naming a target, or taking another coercive step, the agency must document the legal authority, alleged violation, factual basis, relevance of the requested material, and approving supervisory official.
An anonymous allegation may justify preliminary review, but an uncorroborated anonymous accusation alone should not support public condemnation or a severe coercive action.
Requests must be reasonably limited by subject, time, custodian, and type of record. Agencies may not demand an entire life, business, device, or account when narrower evidence would address the allegation.
The government must preserve inculpatory and exculpatory evidence and may not conceal material evidence that undermines its allegation.
NOTICE, COUNSEL & RESPONSE
Unless a court temporarily delays notice to prevent evidence destruction, flight, witness intimidation, or an immediate threat, the investigated party should receive written notice of the legal authority, alleged conduct, opening date, deadline, responsible office, right to counsel, and process for challenging an overbroad or unlawful demand.
Before an adverse decision, the investigated party must receive a meaningful opportunity to submit records, identify exculpatory evidence, correct factual errors, and respond to the material allegations.
NO BASELESS OR RETALIATORY INVESTIGATIONS
A disagreement, political viewpoint, lawful criticism, refusal to provide voluntary consent, request for counsel, or exercise of another constitutional right is not by itself a factual basis for investigation.
Officials who knowingly fabricate evidence, conceal exculpatory evidence, open an investigation for retaliation, or intentionally continue a matter after learning that its factual basis is false should face discipline, personal civil liability where authorized, removal from investigative duties, and criminal referral when their conduct satisfies a criminal statute.
A person who knowingly submits a materially false accusation or fabricated evidence may face sanctions under applicable false-statement, fraud, perjury, obstruction, or civil-liability law.
Good-faith complaints, mistaken recollections, whistleblower reports, and unsuccessful allegations are not punishable merely because the investigation does not establish a violation.
PUBLIC OUTCOMES & OVERSIGHT
Every covered agency should publish the number of investigations opened, closed, charged, settled, referred, and unresolved at the deadline, together with median completion time and the responsible office.
A closure involving a publicly identified target should be announced with comparable visibility, subject to victim privacy, classified information, sealed matters, and legitimate law-enforcement limits.
An inspector general should audit missed deadlines, repeat investigations based on the same facts, evidence failures, retaliatory patterns, and matters that produced public accusation but no formal result.
Core MPA standard: Investigate quickly, preserve evidence, respect due process, make a decision, and impose real consequences when a violation is proven. Do not punish people through an investigation that never ends.
Related policies: Consumer Rights; Government Integrity & Equal Justice; Regulatory Reform & Administrative Due Process; Courts, Trials, Appeals & Timely Justice; Right to Timely Government Service.
Status: Proposed / Draft, not yet formally adopted.
Originally published: September 26, 2026.
Last updated: September 26, 2026.
Version: Draft 0.1.