Sec. 35-42. Subpoena power. Written interrogatories. Civil penalties. Federal and interstate cooperation.
Sec. 35-42. Subpoena power. Written interrogatories. Civil penalties. Federal
and interstate cooperation. (a) Whenever the Attorney General, his deputy, or any
assistant attorney general designated by the Attorney General, has reason to believe that
any person has violated any of the provisions of this chapter, he may, prior to instituting
any action or proceeding against such person, issue in writing and cause to be served
upon any person, by subpoena duces tecum, a demand requiring such person to submit
to him documentary material relevant to the scope of the alleged violation.
(b) Such demand shall (1) state the nature of the alleged violation, and (2) describe
the class or classes of documentary material to be reproduced thereunder with such
definiteness and certainty as to be accurately identified, and (3) prescribe a date which
would allow a reasonable time to assemble such documents for compliance.
(c) All documents furnished to the Attorney General, his deputy, or any assistant
attorney general designated by the Attorney General, shall be held in the custody of the
Attorney General, or his designee, shall not be available to the public, and shall be
returned to the person at the termination of the attorney general's investigation or final
determination of any action or proceeding commenced thereunder.
(d) No such demand shall require the submission of any documentary material, the
contents of which would be privileged, or precluded from disclosure if demanded in a
grand jury investigation.
(e) The Attorney General, his deputy, or any assistant attorney general designated
by the Attorney General, may during the course of an investigation of any violations of
the provisions of this chapter by any person (1) issue in writing and cause to be served
upon any person, by subpoena, a demand that such person appear before him and give
testimony as to any matters relevant to the scope of the alleged violations. Such appearance shall be under oath and a written transcript made of the same, a copy of which
shall be furnished to said person appearing, and shall not be available for public disclosure; and (2) issue written interrogatories prescribing a return date which would allow
a reasonable time to respond, which responses shall be under oath and shall not be
available for public disclosure.
(f) In the event any person shall fail to comply with the provisions of this section,
(1) the Attorney General, his deputy, or any assistant attorney general designated by
the Attorney General, may apply to the superior court for the judicial district of Hartford
for compliance, which court may, upon notice to such person, issue an order requiring
such compliance, which shall be served upon such person; (2) the Attorney General,
his deputy, or any assistant attorney general designated by the Attorney General, may
also apply to the superior court for the judicial district of Hartford for an order, which
court may, after notice to such person and hearing thereon, issue an order requiring the
payment of civil penalties to the state in an amount not to exceed five hundred dollars.
(g) The Attorney General shall cooperate with officials of the federal government
and the several states, including but not limited to the sharing and disclosure of information and evidence obtained under the purview of this chapter.
(h) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition, and written interrogatories, as provided herein, may be made by: (1) Personal
service or service at the usual place of abode; or (2) by registered or certified mail, return
receipt requested, a duly executed copy thereof addressed to the person to be served at
his principal place of business in this state, or, if said person has no principal place of
business in this state, to his principal office, or to his residence.
(1971, P.A. 608, S. 19; P.A. 73-668, S. 3, 4; P.A. 75-508, S. 3, 7; 75-567, S. 13, 80; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 73-668 added Subsec. (e)(2) authorizing issuance of written interrogatories and Subsec. (g) re attorney
general's cooperation with officials of federal government and other states; P.A. 75-508 authorized actions by assistant
attorney general, specified in Subsec. (e)(2) that responses shall "be under oath", added Subsec. (f)(2) re orders requiring
payment of civil penalties and added Subsec. (h) re service of subpoenas, etc.; P.A. 75-567 substituted "chapter" for "part";
P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (f); P.A. 88-230
replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A.
90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the
effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed
the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 169 C. 344. Not proper for court to make determination as to substantive applicability of Antitrust Act upon
application for order of compliance with subpoena under this section. 179 C. 324. Cited. 190 C. 510. Cited. 212 C. 661.
Future court is not bound by trial court's rejection of plaintiff's interpretation of confidentiality provisions of this section,
as decision was interlocutory. 288 C. 646.
Subpoena duces tecum: issuance equals reasonable belief of violation, not criminal in nature, not to be fishing expedition,
evidenced produced by, confidential. 30 CS 87. Constitutionality upheld. 32 CS 198.