(a) The staff, under the direction of the Executive Director, shall seek to first obtain the information requested in an administrative subpoena on a voluntary basis. The staff shall not serve an administrative subpoena less than 21 days after written communication to the prospective recipient requesting voluntary disclosure of information. The Executive Director, in the exercise of discretion, may forego requesting voluntary disclosure of information with respect to an investigation in progress. The staff shall periodically report to the members of the Commission the reasons for the issuance of any administrative subpoena without first seeking to obtain the information voluntarily. Failure to report to the Commission concerning the issuance of subpoenas shall not affect the validity of any administrative subpoena.

(b) When the staff issues an administrative subpoena as provided in subdivision (a), the recipient of the subpoena must provide all records in their possession responsive to the subpoena. Any record(s) withheld based on objection must be accompanied by a description of the withheld record(s), which shall include the following information: