§ 2904. 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 this chapter or of any rule made
pursuant to this chapter, 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, or
physical objects of any 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 such person
resides or has a place of business or in Washington County if such person is a nonresident
or has no place of business within the State and 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 such examination or attendance or notice of the cause of the demand for
written responses personally or by certified mail upon such person at his or her principal
place of business or, if such place is not known, to his or her last known address.
Such notice shall include a statement that a knowing and intentional violation of
subchapters 2 through 4 of this chapter is subject to criminal prosecution.
(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, except that any transcript of oral testimony, written responses, documents,
or other information produced pursuant to this section may be used in the enforcement
of this chapter, including in connection with any civil action brought under section
2903 of this subchapter or subsection (c) of this section.
(5) Nothing in this subsection is intended to prevent the Attorney General or a State’s
Attorney from disclosing the results of an investigation conducted under this section,
including the grounds for his or her decision as to whether to bring an enforcement
action alleging a violation of this chapter or of any rule made pursuant to this chapter.
(6) 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 its terms 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; or mutilates, alters, or by any other means falsifies any
documentary material in the possession, custody, or control of any person subject
to such notice or mistakes or conceals any information shall be fined not more than
$5,000.00.
(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 any such material 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 the county 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 any petition is filed under this section, the court shall have jurisdiction
to hear and determine the matter so presented and to enter any order or orders as
may be required to carry into effect the provisions of this section. Any disobedience
of any order entered under this section by any court shall be punished as a contempt
of the court.
(d) Any person aggrieved by a civil investigation conducted under this section may seek
relief from Washington Superior Court or the Superior Court in the county in which
the aggrieved person resides. Except for cases the court considers to be of greater
importance, proceedings before Superior Court as authorized by this section shall
take precedence on the docket over all other cases. (Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; 2017, No. 50, § 64; 2017, No. 79, § 5, eff. June 14, 2017.)