Investigations by attorney general--investigative demand, contents of,how served.
407.040. 1. When it appears to the attorney general that a person hasengaged in or is engaging in any method, act, use, practice or solicitationdeclared to be unlawful by this chapter or when he believes it to be in thepublic interest that an investigation should be made to ascertain whether aperson in fact has engaged in or is engaging in any such method, act, use,practice or solicitation, he may execute in writing and cause to be servedupon any person who is believed to have information, documentary material, orphysical evidence relevant to the alleged or suspected violation, a civilinvestigative demand requiring such person to appear and testify, or toproduce relevant documentary material or physical evidence or examination, atsuch reasonable time and place as may be stated in the civil investigativedemand, concerning the advertisement, sale or offering for sale of any goodsor services or the conduct of any trade or commerce or the conduct of anysolicitation that is the subject matter of the investigation. Service of anycivil investigative demand, notice, or subpoena may be made by any personauthorized by law to serve process or by any duly authorized employee of theattorney general.
2. Each civil investigative demand shall:
(1) State the statute and section thereof, the alleged violation ofwhich is under investigation, and the general subject matter of theinvestigation;
(2) Describe the class or classes of information, documentary material,or physical evidence to be produced thereunder with reasonable specificity soas fairly to indicate the material demanded;
(3) Prescribe a return date by which the information, documentarymaterial, or physical evidence is to be produced; and
(4) Identify the members of the attorney general's staff to whom theinformation, documentary material, or physical evidence requested is to bemade available.
3. No civil investigative demand shall:
(1) Contain any requirement which would be unreasonable or improper ifcontained in a subpoena duces tecum issued by a court of this state; or
(2) Require the disclosure of any documentary material which would beprivileged or which, for any other reason, could not be required by a subpoenaduces tecum issued by a court of this state.
4. Service of any civil investigative demand, notice, or subpoena may bemade by:
(1) Delivering a duly executed copy thereof to the person to be served,or to a partner or any officer or agent authorized by appointment or by law toreceive service of process on behalf of such person;
(2) Delivering a duly executed copy thereof to the principal place ofbusiness or the residence in this state of the person to be served;
(3) Mailing by registered or certified mail a duly executed copythereof, addressed to the person to be served, at the principal place ofbusiness or the residence in this state or, if such person has no place ofbusiness or residence in this state, to his principal office or place ofbusiness or his residence; or
(4) The mailing thereof by registered or certified mail, requesting areturn receipt signed by the addressee only, to the last known place ofbusiness, residence or abode within or without this state of such person forwhom the same is intended.
(L. 1967 p. 607 § 4, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-1-86
*No continuity with § 407.040 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.
(1977) Held, this section not unconstitutional as a denial of due process, further an assertion that information requested would require disclosure of trade secrets is premature until attorney general attempts to present such information before a court. Lewandowski v. Danforth (Mo.), 547 S.W.2d 470.
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of Merchandising Practices Act, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
Investigations by attorney general--investigative demand, contents of,how served.
407.040. 1. When it appears to the attorney general that a person hasengaged in or is engaging in any method, act, use, practice or solicitationdeclared to be unlawful by this chapter or when he believes it to be in thepublic interest that an investigation should be made to ascertain whether aperson in fact has engaged in or is engaging in any such method, act, use,practice or solicitation, he may execute in writing and cause to be servedupon any person who is believed to have information, documentary material, orphysical evidence relevant to the alleged or suspected violation, a civilinvestigative demand requiring such person to appear and testify, or toproduce relevant documentary material or physical evidence or examination, atsuch reasonable time and place as may be stated in the civil investigativedemand, concerning the advertisement, sale or offering for sale of any goodsor services or the conduct of any trade or commerce or the conduct of anysolicitation that is the subject matter of the investigation. Service of anycivil investigative demand, notice, or subpoena may be made by any personauthorized by law to serve process or by any duly authorized employee of theattorney general.
2. Each civil investigative demand shall:
(1) State the statute and section thereof, the alleged violation ofwhich is under investigation, and the general subject matter of theinvestigation;
(2) Describe the class or classes of information, documentary material,or physical evidence to be produced thereunder with reasonable specificity soas fairly to indicate the material demanded;
(3) Prescribe a return date by which the information, documentarymaterial, or physical evidence is to be produced; and
(4) Identify the members of the attorney general's staff to whom theinformation, documentary material, or physical evidence requested is to bemade available.
3. No civil investigative demand shall:
(1) Contain any requirement which would be unreasonable or improper ifcontained in a subpoena duces tecum issued by a court of this state; or
(2) Require the disclosure of any documentary material which would beprivileged or which, for any other reason, could not be required by a subpoenaduces tecum issued by a court of this state.
4. Service of any civil investigative demand, notice, or subpoena may bemade by:
(1) Delivering a duly executed copy thereof to the person to be served,or to a partner or any officer or agent authorized by appointment or by law toreceive service of process on behalf of such person;
(2) Delivering a duly executed copy thereof to the principal place ofbusiness or the residence in this state of the person to be served;
(3) Mailing by registered or certified mail a duly executed copythereof, addressed to the person to be served, at the principal place ofbusiness or the residence in this state or, if such person has no place ofbusiness or residence in this state, to his principal office or place ofbusiness or his residence; or
(4) The mailing thereof by registered or certified mail, requesting areturn receipt signed by the addressee only, to the last known place ofbusiness, residence or abode within or without this state of such person forwhom the same is intended.
(L. 1967 p. 607 § 4, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-1-86
*No continuity with § 407.040 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.
(1977) Held, this section not unconstitutional as a denial of due process, further an assertion that information requested would require disclosure of trade secrets is premature until attorney general attempts to present such information before a court. Lewandowski v. Danforth (Mo.), 547 S.W.2d 470.
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of Merchandising Practices Act, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
Investigations by attorney general--investigative demand, contents of,how served.
407.040. 1. When it appears to the attorney general that a person hasengaged in or is engaging in any method, act, use, practice or solicitationdeclared to be unlawful by this chapter or when he believes it to be in thepublic interest that an investigation should be made to ascertain whether aperson in fact has engaged in or is engaging in any such method, act, use,practice or solicitation, he may execute in writing and cause to be servedupon any person who is believed to have information, documentary material, orphysical evidence relevant to the alleged or suspected violation, a civilinvestigative demand requiring such person to appear and testify, or toproduce relevant documentary material or physical evidence or examination, atsuch reasonable time and place as may be stated in the civil investigativedemand, concerning the advertisement, sale or offering for sale of any goodsor services or the conduct of any trade or commerce or the conduct of anysolicitation that is the subject matter of the investigation. Service of anycivil investigative demand, notice, or subpoena may be made by any personauthorized by law to serve process or by any duly authorized employee of theattorney general.
2. Each civil investigative demand shall:
(1) State the statute and section thereof, the alleged violation ofwhich is under investigation, and the general subject matter of theinvestigation;
(2) Describe the class or classes of information, documentary material,or physical evidence to be produced thereunder with reasonable specificity soas fairly to indicate the material demanded;
(3) Prescribe a return date by which the information, documentarymaterial, or physical evidence is to be produced; and
(4) Identify the members of the attorney general's staff to whom theinformation, documentary material, or physical evidence requested is to bemade available.
3. No civil investigative demand shall:
(1) Contain any requirement which would be unreasonable or improper ifcontained in a subpoena duces tecum issued by a court of this state; or
(2) Require the disclosure of any documentary material which would beprivileged or which, for any other reason, could not be required by a subpoenaduces tecum issued by a court of this state.
4. Service of any civil investigative demand, notice, or subpoena may bemade by:
(1) Delivering a duly executed copy thereof to the person to be served,or to a partner or any officer or agent authorized by appointment or by law toreceive service of process on behalf of such person;
(2) Delivering a duly executed copy thereof to the principal place ofbusiness or the residence in this state of the person to be served;
(3) Mailing by registered or certified mail a duly executed copythereof, addressed to the person to be served, at the principal place ofbusiness or the residence in this state or, if such person has no place ofbusiness or residence in this state, to his principal office or place ofbusiness or his residence; or
(4) The mailing thereof by registered or certified mail, requesting areturn receipt signed by the addressee only, to the last known place ofbusiness, residence or abode within or without this state of such person forwhom the same is intended.
(L. 1967 p. 607 § 4, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)
Effective 5-1-86
*No continuity with § 407.040 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.
(1977) Held, this section not unconstitutional as a denial of due process, further an assertion that information requested would require disclosure of trade secrets is premature until attorney general attempts to present such information before a court. Lewandowski v. Danforth (Mo.), 547 S.W.2d 470.
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of Merchandising Practices Act, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
