State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_75D > GS_75D-6

§ 75D‑6.  Power tocompel examination.

Whenever the Attorney Generalhas reason to believe that any person or enterprise may have information or maybe in possession, custody or control of any documentary materials relevant toan activity prohibited under G.S. 75D‑4, he may issue in writing, andcause to be served upon such person or upon the appropriate officers, agents,and employees of any such enterprise (other than one employed as an attorney bysuch person or enterprise), a notice requiring such person or enterprise tosubmit themselves to examination by him, and produce for his inspection anydocumentary material relevant to an investigation of activities prohibited byG.S. 75D‑4.

The notice shall be servedeither personally or by registered or certified mail return receipt requested. The notice shall specify the general purpose of the examination, a generaldescription of the documentary material to be produced, and the time and placewhere such examination will take place.  The witness shall be placed under oathor affirmation to testify truthfully.  The examination shall be recorded andthe witness has the right to a copy upon payment of its cost.  The witness hasthe right to have legal counsel present during the examination.

The Attorney General shallalso have the right to apply to any judge of the superior court division, afterfive days' prior notice of such application served in the same manner as thenotice of examination described in this section, for an order requiring suchperson or enterprise to appear and subject himself or itself to examination,and disobedience of such order shall constitute contempt, and shall bepunishable as in other cases of disobedience of a proper order of such court.

No such demand or order of acourt shall contain any requirement which would be held to be unreasonable ifcontained in a civil discovery request or court order issued pursuant to G.S.1A‑1, Rules of Civil Procedure 26‑36.  Any person or enterpriseupon whom a demand is served and who objects to complying with such demand inwhole or in part, shall, within five days of service of the demand, serve awritten reply upon the Attorney General specifying the nature of the objection.

Such examination shall be heldin camera and no one, except the person or enterprise being examined, mayrelease information obtained from the examination prior to a proceeding beinginstituted under this Chapter by the Attorney General.  Such information may beused in any proceeding instituted under this Chapter by the Attorney General. Any person violating the provisions of this paragraph shall be guilty of aClass 1 misdemeanor.  If such offending person is a public officer or employee,he shall also be dismissed from such office or employment and shall not holdany public office or employment in this State for a period of five years afterconviction.  This paragraph does not prohibit disclosure of this information toother employees of the Department of Justice, or to district attorneysdesignated in writing by the Attorney General as authorized to receive thisinformation. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1989, c 489,s. 1; 1993, c. 539, s. 569; 1994, Ex. Sess., c. 24, s. 14(c).)