Sec. 42-125e. Attorney General's demand for material relevant to subject matter of investigation.
Sec. 42-125e. Attorney General's demand for material relevant to subject
matter of investigation. (a) If the Attorney General believes that a person may be
in possession, custody or control of any original or copy of any book, record, report,
memorandum, paper, communication, tabulation, map, chart, photograph, mechanical
transcription, or other tangible document or recording, which he believes is relevant to
the subject matter of an investigation of an alleged violation, he may serve on the person,
before institution of a civil proceeding for the alleged violation, a demand in writing
which requires such person to produce the documentary material and permit inspection
and copying thereof.
(b) The demand of the Attorney General shall: (1) State the statute allegedly violated
and the general subject matter of the investigation; (2) describe the nature of documentary material to be produced under the demand with reasonable certainty; (3) prescribe
a date for compliance which shall be not less than three days from the date the demand
is served; and (4) identify the member of the office of the attorney general to whom the
documentary material is to be made available for inspection and copying.
(c) The demand of the Attorney General shall be relevant to the scope of the alleged
violation.
(d) Service of the demand of the Attorney General shall be made by (1) delivering
an executed copy of the demand to the person to be served; (2) delivering an executed
copy of the demand to the duly authorized officer, agent, or employee of the person at
its principal place of business, if he is not a natural person or is not available; or (3)
mailing by registered or certified mail an executed copy of the demand addressed to the
person to be served at his principal place of business in the state or, if he has no place
of business in the state, at his principal place of business out of state.
(e) The documentary material demanded under this section shall be produced for
inspection and copying during normal business hours at the principal office or place of
business of the person served, or at any other time or place mutually agreed to by the
person and the Attorney General.
(f) Unless otherwise ordered by the Superior Court for good cause shown, the documentary material or a copy produced pursuant to the demand shall not be presented
for inspection or copying by, or its content disclosed to, any individual other than an
authorized official of the office of the Attorney General without the consent of the person
who produced the material. Copies of the documentary material shall be available for
inspection and copying by the person who produced the material or his authorized representative under any reasonable terms and conditions prescribed by the Attorney General.
The Attorney General may use the documentary material in the enforcement of this
chapter, including presentation before any court. Material which contains trade secrets
shall not be presented except with the approval of the superior court in which the action
is pending and after adequate notice is given to the person furnishing the material.
(g) A petition to extend the date for compliance or to modify or set aside a demand
issued under subsection (a) of this section may be filed at any time before the date for
compliance specified in the demand or within twenty days after the demand is served,
whichever period is shorter. A petition to require the Attorney General or any other
person to perform a duty imposed by this chapter and any other petition in connection
with the demand may be filed by the person on whom the demand is served. A petition
filed under this subsection shall show good cause and be filed in the superior court for
the judicial district where the petitioner resides or has his principal place of business.
(h) If a person fails to comply with a demand for documentary material served on
him under this section or if satisfactory copying or reproduction of the material cannot
be done and the person refuses to surrender such material, the Attorney General may
petition the superior court for the judicial district where the person resides, transacts
business, or where the alleged violation occurs, for an order of compliance and may
serve such order of the court on the person. If the person transacts business in more than
one judicial district the petition shall be filed in the judicial district wherein the person
maintains his principal place of business, or in any other judicial district agreed to by
the parties to the petition.
(P.A. 77-596, S. 5, 15; P.A. 82-472, S. 123, 183.)
History: P.A. 82-472 amended Subsecs. (g) and (h) by deleting obsolete references to counties.