§ 2460. Civil investigation
(a)(1) The Attorney General or a State’s Attorney, whenever he or she has reason to believe
any person to be or to have been in violation of section 2453 of this title, or of any rule or regulation made pursuant to section 2453 of this title, may examine or cause to be examined by any agent or representative designated by
him or her for that purpose, any books, records, papers, memoranda, and physical objects
of whatever nature bearing upon each alleged violation, and may demand written responses
under oath to questions bearing upon each alleged violation.
(2) The Attorney General or a State’s Attorney may require the attendance of such person
or of any other person having knowledge in the premises in the county where the person
resides or has a place of business, or in Washington County if the person is a nonresident
or has no place of business, within the State, may take testimony and require proof
material for his or her information, and may administer oaths or take acknowledgment
in respect of any book, record, paper, or memorandum.
(3) The Attorney General or a State’s Attorney shall serve notice of the time, place,
and cause of the examination or attendance, or notice of the cause of the demand for
written responses, at least 10 days prior to the date of the examination, personally
or by certified mail, upon the person at his or her principal place of business, or,
if the place is not known, to his or her last known address.
(4) Any book, record, paper, memorandum, or other information produced by any person pursuant
to this section shall not, unless otherwise ordered by a court of this State for good
cause shown, be disclosed to any person other than the authorized agent or representative
of the Attorney General or a State’s Attorney or another law enforcement officer engaged
in legitimate law enforcement activities, unless with the consent of the person producing
the same.
(5) This subsection shall not be applicable to any criminal investigation or prosecution
brought under the laws of this or any state.
(b)(1) A person upon whom a notice is served pursuant to the provisions of this section shall
comply with the terms thereof unless otherwise provided by the order of a court of
this State.
(2) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in
part, with any civil investigation under this section, removes from any place, conceals,
withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary
material in the possession, custody, or control of any person subject of any such
notice, or mistakes or conceals any information, shall be subject to a civil penalty
of not more than $25,000.00 and to recovery by the Attorney General’s or State’s Attorney’s
office the reasonable value of its services and expenses in enforcing compliance with
this section.
(c)(1) Whenever any person fails to comply with any notice served upon him or her under this
section or whenever satisfactory copying or reproduction of material pursuant to this
section cannot be done and the person refuses to surrender the material, the Attorney
General or a State’s Attorney may file, in the Superior Court in which the person
resides or has his or her principal place of business, or in Washington County if
the person is a nonresident or has no principal place of business in this State, and
serve upon the person, a petition for an order of the court for the enforcement of
this section.
(2) Whenever a petition is filed under this section, the court shall have jurisdiction
to hear and determine the matter presented and to enter one or more orders as may
be required to carry into effect the provisions of this section.
(3) A person who violates an order entered under this section by a court shall be punished
for contempt of court and shall be subject to a civil penalty of not more than $25,000.00
and to recovery by the Attorney General’s or State’s Attorney’s office of the reasonable
value of its services and expenses in enforcing compliance with this section. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 6, eff. April 4, 1969; 1973, No. 110, § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 25, eff. Jan. 1, 1998; 2013, No. 44, § 5.)