Title 10, Chapter 1, Section 403
( 10-1-403)
(a) When it reasonably appears to the administrator that a person
has engaged in, is engaging in, or is about to engage in any act or
practice declared to be unlawful by this part or when he believes it
to be in the public interest that an investigation should be made to
ascertain whether a person in fact has engaged in, is engaging in,
or is about to engage in any act or practice declared to be unlawful
by this part, he may, with the consent of the Attorney General,
execute in writing and cause to be served upon any person who is
believed to have information, documentary material, or physical
evidence relevant to the alleged or suspected violation an
investigative demand requiring such person to furnish, under oath or
otherwise, a report in writing setting forth the relevant facts and
circumstances of which he has knowledge or to appear and testify or
to produce relevant documentary material or physical evidence for
examination at such reasonable time and place as may be stated in
the investigative demand, concerning the advertisement, sale, or
offering for sale of any goods or services or the conduct of any
trade or commerce that is the subject matter of the investigation. (b) If a matter that the administrator makes the subject of an
investigative demand is located outside the state, the person
receiving the investigative demand may either make it available to
the administrator at a convenient location within this state or pay
the reasonable and necessary expenses for the administrator or his
representative to examine the matter at the place where it is
located. The administrator may designate representatives, including
officials of the state in which the matter is located, to inspect
the matter on his behalf; and he may respond to similar requests
from officials of other states. (c)(1) Each such investigative demand shall state the nature of
the conduct constituting the alleged violation of this part which
is under investigation and the provision of law applicable
thereto; describe the class or classes of documentary material to
be produced thereunder with such definiteness and certainty as to
permit such material to be fairly identified; describe the nature,
scope, and purpose of the investigation with such definiteness and
certainty as to permit any person whose testimony is sought to be
fairly appraised of the subject matter of the inquiry; prescribe a
return date which will provide a reasonable period of time within
which the material so demanded may be assembled and made available
for inspection and copying or reproduction and the person or
persons whose testimony is sought may prepare for the same; and
identify the person to whom such material shall be made available. (2) No such investigative demand shall: (A) Contain any requirement which would be held to be
unreasonable as contained in a subpoena for the production of
documentary evidence issued by a court of this state in aid of a
grand jury investigation of such alleged violation; or (B) Require the production of any documentary evidence or oral
testimony which would be privileged from disclosure if demanded
by a subpoena for the production of documentary evidence issued
by a court of this state in aid of a grand jury investigation of
such alleged violation;
provided, however, that the limitations on the scope of demand
contained in this paragraph do not require as a condition to the
issuance of an investigative demand that the alleged violation be
of sufficient seriousness as to constitute a violation of the
criminal laws of this state, as opposed to the civil provisions of
this part. |