IC 4-6-3-1 Definitions
Sec. 1. As used in this chapter:
"Documentary material" means the original or a copy of a book,
record, report, memorandum, paper, communication, tabulation,
chart, or other document.
"Local agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department division,
institution, office, officer, service, or other similar body of a political
subdivision created or established pursuant to law.
"Person" means a human being, an incorporated or unincorporated
organization, or association, a trustee or legal representative, the
state of Indiana, a political subdivision, a state or local agency, or a
group of such persons acting in concert.
"Political subdivision" means a county, township, city, town,
municipal corporation as defined in IC 36-1-2-10, or a special taxing
district.
"State agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department, division,
institution, office, officer, service, or other similar body of state
government created or established pursuant to law. (Formerly: Acts 1899, c.133, s.1.) As amended by Acts 1982, P.L.20,
SEC.1.
IC 4-6-3-2 Direction of prosecutions brought in the name of the state
Sec. 2. (a) The attorney general shall have charge of and direct the
prosecution of all civil actions that are brought in the name of the
state of Indiana or any state agency.
(b) In no instance under this section shall the state or a state
agency be required to file a bond.
(c) This section does not affect the authority of prosecuting
attorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspector
general to prosecute a civil action under IC 4-2-7-6 for the recovery
of funds misappropriated, diverted, missing, or unlawfully gained.
(e) The attorney general may bring an action to collect unpaid
registration fees owed by a commercial dog broker or a commercial
dog breeder under IC 15-21. As added by Acts 1982, P.L.20, SEC.2. Amended by P.L.222-2005,
SEC.15; P.L.111-2009, SEC.1.
IC 4-6-3-3 Investigative demand; issuance
Sec. 3. If the attorney general has reasonable cause to believe that
a person may be in possession, custody, or control of documentary
material, or may have knowledge of a fact that is relevant to an
investigation conducted to determine if a person is or has been
engaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10,
IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8,
IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9,
IC 25-1-7, IC 32-34-1, or any other statute enforced by the attorney
general or is or has been engaged in a criminal violation of IC 13,
only the attorney general may issue in writing, and cause to be served
upon the person or the person's representative or agent, an
investigative demand that requires that the person served do any
combination of the following:
(1) Produce the documentary material for inspection and
copying or reproduction.
(2) Answer under oath and in writing written interrogatories.
(3) Appear and testify under oath before the attorney general or
the attorney general's duly authorized representative. As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983,
SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996,
SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007,
SEC.1.
IC 4-6-3-4 Investigative demand; required provisions
Sec. 4. An investigative demand shall contain the following:
(1) A general description of the subject matter being
investigated and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear,
answer written interrogatories, or produce documentary
material or other tangible items. The date shall not be less than
ten (10) days from the date of service of the demand.
(3) Where the production of documents or other tangible items
is required, a description of those documents or items by class
with sufficient clarity so that they might be reasonably
identified. As added by Acts 1982, P.L.20, SEC.4.
IC 4-6-3-5 Investigative demand; prohibited provisions
Sec. 5. An investigative demand may not:
(1) contain a requirement that would be unreasonable if
contained in a subpoena or subpoena duces tecum issued by a
court in a grand jury investigation; or
(2) require the giving of oral testimony, the production of
written answers to interrogatories, or the production of
documentary material that would be privileged from disclosure
if demanded by a subpoena duces tecum issued by a court in aid
of a grand jury investigation. As added by Acts 1982, P.L.20, SEC.5.
IC 4-6-3-6 Application to enforce investigative demand; procedure; order
Sec. 6. If a person objects or otherwise fails to obey a written
demand issued under section 3 of this chapter, the attorney general
may file in the circuit or superior court of the county in which that
person resides or maintains a principal place of business within the
state an application for an order to enforce the demand. If the person
does not reside or maintain a principal place of business in Indiana,
the application for the order to enforce the demand may be filed in
the Marion County circuit or superior court. Notice of hearing and a
copy of the application shall be served upon that person, who may
appear in opposition to the application. The attorney general must
demonstrate to the court that the demand is proper. If the court finds
that the demand is proper, it shall order that person to comply with
the demand, subject to such modification as the court may prescribe.
Upon motion by that person and for good cause shown, the court may
make any further order in the proceedings which justice requires to
protect the person from unreasonable annoyance, embarrassment,
oppression, burden, expense, or to protect privileged information,
trade secrets or information which is confidential under any other
provision of law. If the court finds that either party has acted in bad
faith in seeking or resisting the demand, it may order that person to
pay the other parties reasonable expenses including attorneys' fees. As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007,
SEC.1.
IC 4-6-3-7 Certain evidence; admissibility in criminal prosecutions
Sec. 7. Evidence obtained from a human person pursuant to the
provisions of this chapter may not be introduced in a subsequent
criminal prosecution of that person unless it was obtained by a means
independent of this chapter. As added by Acts 1982, P.L.20, SEC.7.
IC 4-6-3-8 Abridgment of limitations on self-incrimination prohibited
Sec. 8. This chapter shall not be construed to limit or abridge any
limitation on self-incrimination established by law. As added by Acts 1982, P.L.20, SEC.8.
IC 4-6-3-9 Materials obtained under investigative demand; confidentiality
Sec. 9. All documentary material, answers to written
interrogatories, and transcripts of oral testimony that are provided
pursuant to an investigative demand shall be kept confidential by the
attorney general until an action is filed against a person for the
violation under investigation, unless confidentiality is waived by the
person being investigated and the person who has testified, answered
interrogatories, or produced documentary material, or unless
disclosure is authorized by the court for the purposes of interstate
cooperation in law enforcement of state or federal laws. As added by Acts 1982, P.L.20, SEC.9. IC 4-6-3-10 Documentary material; custody, use, and preservation
Sec. 10. The attorney general is responsible for the custody, use,
and necessary preservation of the documentary material made
available pursuant to an investigative demand and for its return as
provided by this chapter. As added by Acts 1982, P.L.20, SEC.10.
IC 4-6-3-11 Documentary material; return
Sec. 11. When original documentary material made available
pursuant to an investigative demand is no longer required for use in
a pending proceeding, or, absent any pending proceeding, is no
longer required in connection with the investigation for which it was
demanded, or at the end of the twenty-four (24) months following the
date when the material was made available, whichever is sooner, it
shall be returned, unless a request to extend the period beyond
twenty-four (24) months has been filed in a court in which a request
for an order compelling compliance pursuant to section 6 of this
chapter be filed. This section does not require the return of
documentary material that has passed into the control of a court or
grand jury. As added by Acts 1982, P.L.20, SEC.11.
IC 4-6-3-12
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 4-6-3-1 Definitions
Sec. 1. As used in this chapter:
"Documentary material" means the original or a copy of a book,
record, report, memorandum, paper, communication, tabulation,
chart, or other document.
"Local agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department division,
institution, office, officer, service, or other similar body of a political
subdivision created or established pursuant to law.
"Person" means a human being, an incorporated or unincorporated
organization, or association, a trustee or legal representative, the
state of Indiana, a political subdivision, a state or local agency, or a
group of such persons acting in concert.
"Political subdivision" means a county, township, city, town,
municipal corporation as defined in IC 36-1-2-10, or a special taxing
district.
"State agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department, division,
institution, office, officer, service, or other similar body of state
government created or established pursuant to law. (Formerly: Acts 1899, c.133, s.1.) As amended by Acts 1982, P.L.20,
SEC.1.
IC 4-6-3-2 Direction of prosecutions brought in the name of the state
Sec. 2. (a) The attorney general shall have charge of and direct the
prosecution of all civil actions that are brought in the name of the
state of Indiana or any state agency.
(b) In no instance under this section shall the state or a state
agency be required to file a bond.
(c) This section does not affect the authority of prosecuting
attorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspector
general to prosecute a civil action under IC 4-2-7-6 for the recovery
of funds misappropriated, diverted, missing, or unlawfully gained.
(e) The attorney general may bring an action to collect unpaid
registration fees owed by a commercial dog broker or a commercial
dog breeder under IC 15-21. As added by Acts 1982, P.L.20, SEC.2. Amended by P.L.222-2005,
SEC.15; P.L.111-2009, SEC.1.
IC 4-6-3-3 Investigative demand; issuance
Sec. 3. If the attorney general has reasonable cause to believe that
a person may be in possession, custody, or control of documentary
material, or may have knowledge of a fact that is relevant to an
investigation conducted to determine if a person is or has been
engaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10,
IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8,
IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9,
IC 25-1-7, IC 32-34-1, or any other statute enforced by the attorney
general or is or has been engaged in a criminal violation of IC 13,
only the attorney general may issue in writing, and cause to be served
upon the person or the person's representative or agent, an
investigative demand that requires that the person served do any
combination of the following:
(1) Produce the documentary material for inspection and
copying or reproduction.
(2) Answer under oath and in writing written interrogatories.
(3) Appear and testify under oath before the attorney general or
the attorney general's duly authorized representative. As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983,
SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996,
SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007,
SEC.1.
IC 4-6-3-4 Investigative demand; required provisions
Sec. 4. An investigative demand shall contain the following:
(1) A general description of the subject matter being
investigated and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear,
answer written interrogatories, or produce documentary
material or other tangible items. The date shall not be less than
ten (10) days from the date of service of the demand.
(3) Where the production of documents or other tangible items
is required, a description of those documents or items by class
with sufficient clarity so that they might be reasonably
identified. As added by Acts 1982, P.L.20, SEC.4.
IC 4-6-3-5 Investigative demand; prohibited provisions
Sec. 5. An investigative demand may not:
(1) contain a requirement that would be unreasonable if
contained in a subpoena or subpoena duces tecum issued by a
court in a grand jury investigation; or
(2) require the giving of oral testimony, the production of
written answers to interrogatories, or the production of
documentary material that would be privileged from disclosure
if demanded by a subpoena duces tecum issued by a court in aid
of a grand jury investigation. As added by Acts 1982, P.L.20, SEC.5.
IC 4-6-3-6 Application to enforce investigative demand; procedure; order
Sec. 6. If a person objects or otherwise fails to obey a written
demand issued under section 3 of this chapter, the attorney general
may file in the circuit or superior court of the county in which that
person resides or maintains a principal place of business within the
state an application for an order to enforce the demand. If the person
does not reside or maintain a principal place of business in Indiana,
the application for the order to enforce the demand may be filed in
the Marion County circuit or superior court. Notice of hearing and a
copy of the application shall be served upon that person, who may
appear in opposition to the application. The attorney general must
demonstrate to the court that the demand is proper. If the court finds
that the demand is proper, it shall order that person to comply with
the demand, subject to such modification as the court may prescribe.
Upon motion by that person and for good cause shown, the court may
make any further order in the proceedings which justice requires to
protect the person from unreasonable annoyance, embarrassment,
oppression, burden, expense, or to protect privileged information,
trade secrets or information which is confidential under any other
provision of law. If the court finds that either party has acted in bad
faith in seeking or resisting the demand, it may order that person to
pay the other parties reasonable expenses including attorneys' fees. As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007,
SEC.1.
IC 4-6-3-7 Certain evidence; admissibility in criminal prosecutions
Sec. 7. Evidence obtained from a human person pursuant to the
provisions of this chapter may not be introduced in a subsequent
criminal prosecution of that person unless it was obtained by a means
independent of this chapter. As added by Acts 1982, P.L.20, SEC.7.
IC 4-6-3-8 Abridgment of limitations on self-incrimination prohibited
Sec. 8. This chapter shall not be construed to limit or abridge any
limitation on self-incrimination established by law. As added by Acts 1982, P.L.20, SEC.8.
IC 4-6-3-9 Materials obtained under investigative demand; confidentiality
Sec. 9. All documentary material, answers to written
interrogatories, and transcripts of oral testimony that are provided
pursuant to an investigative demand shall be kept confidential by the
attorney general until an action is filed against a person for the
violation under investigation, unless confidentiality is waived by the
person being investigated and the person who has testified, answered
interrogatories, or produced documentary material, or unless
disclosure is authorized by the court for the purposes of interstate
cooperation in law enforcement of state or federal laws. As added by Acts 1982, P.L.20, SEC.9. IC 4-6-3-10 Documentary material; custody, use, and preservation
Sec. 10. The attorney general is responsible for the custody, use,
and necessary preservation of the documentary material made
available pursuant to an investigative demand and for its return as
provided by this chapter. As added by Acts 1982, P.L.20, SEC.10.
IC 4-6-3-11 Documentary material; return
Sec. 11. When original documentary material made available
pursuant to an investigative demand is no longer required for use in
a pending proceeding, or, absent any pending proceeding, is no
longer required in connection with the investigation for which it was
demanded, or at the end of the twenty-four (24) months following the
date when the material was made available, whichever is sooner, it
shall be returned, unless a request to extend the period beyond
twenty-four (24) months has been filed in a court in which a request
for an order compelling compliance pursuant to section 6 of this
chapter be filed. This section does not require the return of
documentary material that has passed into the control of a court or
grand jury. As added by Acts 1982, P.L.20, SEC.11.
IC 4-6-3-12
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 4-6-3-1 Definitions
Sec. 1. As used in this chapter:
"Documentary material" means the original or a copy of a book,
record, report, memorandum, paper, communication, tabulation,
chart, or other document.
"Local agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department division,
institution, office, officer, service, or other similar body of a political
subdivision created or established pursuant to law.
"Person" means a human being, an incorporated or unincorporated
organization, or association, a trustee or legal representative, the
state of Indiana, a political subdivision, a state or local agency, or a
group of such persons acting in concert.
"Political subdivision" means a county, township, city, town,
municipal corporation as defined in IC 36-1-2-10, or a special taxing
district.
"State agency" means an administration, agency, authority, board,
bureau, commission, committee, council, department, division,
institution, office, officer, service, or other similar body of state
government created or established pursuant to law. (Formerly: Acts 1899, c.133, s.1.) As amended by Acts 1982, P.L.20,
SEC.1.
IC 4-6-3-2 Direction of prosecutions brought in the name of the state
Sec. 2. (a) The attorney general shall have charge of and direct the
prosecution of all civil actions that are brought in the name of the
state of Indiana or any state agency.
(b) In no instance under this section shall the state or a state
agency be required to file a bond.
(c) This section does not affect the authority of prosecuting
attorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspector
general to prosecute a civil action under IC 4-2-7-6 for the recovery
of funds misappropriated, diverted, missing, or unlawfully gained.
(e) The attorney general may bring an action to collect unpaid
registration fees owed by a commercial dog broker or a commercial
dog breeder under IC 15-21. As added by Acts 1982, P.L.20, SEC.2. Amended by P.L.222-2005,
SEC.15; P.L.111-2009, SEC.1.
IC 4-6-3-3 Investigative demand; issuance
Sec. 3. If the attorney general has reasonable cause to believe that
a person may be in possession, custody, or control of documentary
material, or may have knowledge of a fact that is relevant to an
investigation conducted to determine if a person is or has been
engaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10,
IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8,
IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9,
IC 25-1-7, IC 32-34-1, or any other statute enforced by the attorney
general or is or has been engaged in a criminal violation of IC 13,
only the attorney general may issue in writing, and cause to be served
upon the person or the person's representative or agent, an
investigative demand that requires that the person served do any
combination of the following:
(1) Produce the documentary material for inspection and
copying or reproduction.
(2) Answer under oath and in writing written interrogatories.
(3) Appear and testify under oath before the attorney general or
the attorney general's duly authorized representative. As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983,
SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996,
SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007,
SEC.1.
IC 4-6-3-4 Investigative demand; required provisions
Sec. 4. An investigative demand shall contain the following:
(1) A general description of the subject matter being
investigated and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear,
answer written interrogatories, or produce documentary
material or other tangible items. The date shall not be less than
ten (10) days from the date of service of the demand.
(3) Where the production of documents or other tangible items
is required, a description of those documents or items by class
with sufficient clarity so that they might be reasonably
identified. As added by Acts 1982, P.L.20, SEC.4.
IC 4-6-3-5 Investigative demand; prohibited provisions
Sec. 5. An investigative demand may not:
(1) contain a requirement that would be unreasonable if
contained in a subpoena or subpoena duces tecum issued by a
court in a grand jury investigation; or
(2) require the giving of oral testimony, the production of
written answers to interrogatories, or the production of
documentary material that would be privileged from disclosure
if demanded by a subpoena duces tecum issued by a court in aid
of a grand jury investigation. As added by Acts 1982, P.L.20, SEC.5.
IC 4-6-3-6 Application to enforce investigative demand; procedure; order
Sec. 6. If a person objects or otherwise fails to obey a written
demand issued under section 3 of this chapter, the attorney general
may file in the circuit or superior court of the county in which that
person resides or maintains a principal place of business within the
state an application for an order to enforce the demand. If the person
does not reside or maintain a principal place of business in Indiana,
the application for the order to enforce the demand may be filed in
the Marion County circuit or superior court. Notice of hearing and a
copy of the application shall be served upon that person, who may
appear in opposition to the application. The attorney general must
demonstrate to the court that the demand is proper. If the court finds
that the demand is proper, it shall order that person to comply with
the demand, subject to such modification as the court may prescribe.
Upon motion by that person and for good cause shown, the court may
make any further order in the proceedings which justice requires to
protect the person from unreasonable annoyance, embarrassment,
oppression, burden, expense, or to protect privileged information,
trade secrets or information which is confidential under any other
provision of law. If the court finds that either party has acted in bad
faith in seeking or resisting the demand, it may order that person to
pay the other parties reasonable expenses including attorneys' fees. As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007,
SEC.1.
IC 4-6-3-7 Certain evidence; admissibility in criminal prosecutions
Sec. 7. Evidence obtained from a human person pursuant to the
provisions of this chapter may not be introduced in a subsequent
criminal prosecution of that person unless it was obtained by a means
independent of this chapter. As added by Acts 1982, P.L.20, SEC.7.
IC 4-6-3-8 Abridgment of limitations on self-incrimination prohibited
Sec. 8. This chapter shall not be construed to limit or abridge any
limitation on self-incrimination established by law. As added by Acts 1982, P.L.20, SEC.8.
IC 4-6-3-9 Materials obtained under investigative demand; confidentiality
Sec. 9. All documentary material, answers to written
interrogatories, and transcripts of oral testimony that are provided
pursuant to an investigative demand shall be kept confidential by the
attorney general until an action is filed against a person for the
violation under investigation, unless confidentiality is waived by the
person being investigated and the person who has testified, answered
interrogatories, or produced documentary material, or unless
disclosure is authorized by the court for the purposes of interstate
cooperation in law enforcement of state or federal laws. As added by Acts 1982, P.L.20, SEC.9. IC 4-6-3-10 Documentary material; custody, use, and preservation
Sec. 10. The attorney general is responsible for the custody, use,
and necessary preservation of the documentary material made
available pursuant to an investigative demand and for its return as
provided by this chapter. As added by Acts 1982, P.L.20, SEC.10.
IC 4-6-3-11 Documentary material; return
Sec. 11. When original documentary material made available
pursuant to an investigative demand is no longer required for use in
a pending proceeding, or, absent any pending proceeding, is no
longer required in connection with the investigation for which it was
demanded, or at the end of the twenty-four (24) months following the
date when the material was made available, whichever is sooner, it
shall be returned, unless a request to extend the period beyond
twenty-four (24) months has been filed in a court in which a request
for an order compelling compliance pursuant to section 6 of this
chapter be filed. This section does not require the return of
documentary material that has passed into the control of a court or
grand jury. As added by Acts 1982, P.L.20, SEC.11.
IC 4-6-3-12
Repealed
(Repealed by P.L.190-2006, SEC.10.)
