State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-1-1 > 59-1-9-10

§ 59.1-9.10. Investigation by Attorney General of suspected violations; civilinvestigative demand to witnesses; access to business records, etc.

A. Whenever it shall appear to the Attorney General, either upon complaint orotherwise, that any person has engaged in, or is engaging in, or is about toengage in any act or practice prohibited by this chapter, the AttorneyGeneral may in his discretion either require or permit such person to filewith him a statement in writing or otherwise, under oath, as to all facts andcircumstances concerning the subject matter. The Attorney General may alsorequire such other data and information as he may deem relevant to thesubject matter of an investigation of a possible violation of this chapterand may make such special and independent investigations as he may deemnecessary in connection with such matter.

B. In connection with any such investigation, the Attorney General, or hisdesignee, is empowered to issue a civil investigative demand to witnesses bywhich he may (i) compel the attendance of such witnesses; (ii) examine suchwitnesses under oath before himself or a court of record; (iii) subject tosubsection C, require the production of any books or papers that he deemsrelevant or material to the inquiry; and (iv) issue written interrogatoriesto be answered by the witness served or, if the witness served is a public orprivate corporation or a partnership or association or governmental agency,by any officer or agent, who shall furnish such information as is availableto the witness. The above investigative powers shall not abate or terminateby reason of any action or proceeding brought by the Attorney General underthis chapter. When documentary material is demanded by a civil investigativedemand, said demand shall not: (1) contain any requirement that would beunreasonable or improper if contained in a subpoena duces tecum issued by acourt of this Commonwealth; or (2) require the disclosure of any documentarymaterial that would be privileged, or production of which for any otherreason would not be required by a subpoena duces tecum issued by a court ofthe Commonwealth.

C. Where the information requested pursuant to a civil investigative demandmay be derived or ascertained from the business records of the party uponwhom the interrogatory has been served or from an examination, audit orinspection of such business records, or from a compilation, abstract orsummary based therein, and the burden of deriving or ascertaining the answeris substantially the same for the Attorney General as for the party from whomsuch information is requested, it is sufficient for that party to specify therecords from which the answer may be derived or ascertained and to afford theAttorney General, or other individuals properly designated by the AttorneyGeneral, reasonable opportunity to examine, audit or inspect such records andto make copies, compilations, abstracts or summaries. Further, the AttorneyGeneral is hereby authorized, and may so elect, to require the productionpursuant to this section, of documentary material before or after the takingof any testimony of the person summoned pursuant to a civil investigativedemand, in which event, said documentary matter shall be made available forinspection and copying during normal business hours at the principal place ofbusiness of the person served, or at such other time and place, as may beagreed upon by the person served and the Attorney General.

D. Any civil investigative demand issued by the Attorney General shallcontain the following information:

1. The statute and section hereof, the alleged violation of which is underinvestigation and the subject matter of the investigation.

2. The date and place at which time the person is required to appear toproduce documentary material in his possession, custody or control in theoffice of the Attorney General located in Richmond, Virginia. Such date shallnot be less than twenty days from the date of the civil investigative demand.

3. Where documentary material is required to be produced, the same shall bedescribed by class so as to clearly indicate the material demanded.

E. Service of civil investigative demand of the Attorney General as providedherein may be made by:

1. Delivery of a duly executed copy thereof to the person served, or if aperson is not a natural person, to the principal place of business of theperson to be served, or

2. Mailing by certified mail, return receipt requested, a duly executed copythereof addressed to the person to be served at his principal place ofbusiness in the Commonwealth, or if said person has no place of business inthe Commonwealth, to his principal office.

F. Within twenty days after the service of any such demand upon any person orenterprise, or at any time before the return date specified in the demand,whichever period is shorter, such party may file, in the Circuit Court of theCity of Richmond and serve upon the Attorney General a petition for an orderof such court modifying or setting aside such demand. The time allowed forcompliance with the demand in whole or in part as deemed proper and orderedby the court shall not run during the pendency of such petition in the court.Such petition shall specify each ground upon which the petitioner relies inseeking such relief, and may be based upon any failure of such demand tocomply with the provisions of this chapter or upon any constitutional orother legal right or privilege of such party. The provisions of thissubsection shall be the exclusive means for a witness summoned pursuant to acivil investigative demand under this section to challenge a civilinvestigative demand issued pursuant to subsection B.

G. The examination of all witnesses under this section shall be conducted bythe Attorney General, or his designee, before an officer authorized toadminister oaths in this Commonwealth. The testimony shall be takenstenographically or by a sound recording device and shall be transcribed.

H. Any person required to testify or to submit documentary evidence shall beentitled, on payment of lawfully prescribed cost, to procure a copy of anydocument produced by such person and of his own testimony as stenographicallyreported or, in the case of depositions, as reduced to writing by or underthe direction of a person taking the deposition. Any party compelled totestify or to produce documentary evidence may be accompanied and advised bycounsel, but counsel may not, as a matter of right, otherwise participate inthe investigation.

I. All persons served with a civil investigative demand by the AttorneyGeneral under this chapter, other than any person or persons whose conduct orpractices are being investigated or any officer, director or person in theemploy of such person under investigation, shall be paid the same fees andmileage as paid witnesses in the courts of this Commonwealth. No person shallbe excused from attending such inquiry pursuant to the mandate of a civilinvestigative demand, or from producing a paper or from being examined orrequired to answer questions on the ground of failure to tender or pay awitness fee or mileage unless demand therefor is made at the time testimonyis about to be taken and as a condition precedent to offering such productionor testimony and unless payment thereof is not thereupon made.

J. Any natural person who shall neglect or refuse to attend and testify, orto answer any lawful inquiry or to produce documentary evidence, if in hispower to do so, in obedience of a civil investigative demand or lawfulrequest of the Attorney General or those properly authorized by the AttorneyGeneral, pursuant to this section, shall be guilty of a misdemeanor and uponconviction thereof by a court of competent jurisdiction shall be punished bya fine of not more than $5,000, or by imprisonment in jail for not more thanone year, or both such fine and imprisonment.

Any natural person who commits perjury or false swearing or contempt inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with a civil investigative demand or lawful request by theAttorney General, pursuant to this section, shall be guilty of a misdemeanorand upon conviction therefor by a court of competent jurisdiction shall bepunished by a fine of not more than $5,000, or by imprisonment in jail fornot more than one year, or both such fine and imprisonment.

K. In any investigation brought by the Attorney General pursuant to thischapter, no individual shall be excused from attending, testifying orproducing documentary material, objects or intangible things in obedience toa civil investigative demand or under order of the court on the ground thatthe testimony or evidence required of him may tend to incriminate him orsubject him to any penalty, but no testimony or other information compelledeither by the Attorney General or under order of the court, or anyinformation directly or indirectly derived from such testimony or otherinformation, may be used against the individual or witness in any criminalcase. However, he may nevertheless be prosecuted or subjected to penalty orforfeiture for any perjury, false swearing or contempt committed inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with the order of the Attorney General or the court. If anindividual refuses to testify or produce evidence after being grantedimmunity from prosecution and after being ordered to testify or produceevidence as aforesaid, he may be adjudged in civil contempt by a court ofcompetent jurisdiction and committed to the county jail until such time as hepurges himself of contempt by testifying, producing evidence or presenting awritten statement as ordered. The foregoing shall not prevent the AttorneyGeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.

L. It shall be the duty of all public officials, both state and local, theirdeputies, assistants, clerks, subordinates or employees, and all otherpersons to render and furnish to the Attorney General, his deputy or otherdesignated representative, when so requested, all information and assistancein their possession or within their power. Any officer participating in suchinquiry and any person examined as a witness upon such inquiry who shalldisclose to any such person other than the Attorney General the name of anywitness examined or any other information obtained upon such inquiry, exceptas so directed by the Attorney General, shall be guilty of a misdemeanor andsubject to the sanctions prescribed in subsection J. Such inquiry may uponwritten authorization of the Attorney General be made public.

M. The Attorney General may promulgate rules and regulations to implement andcarry out the provisions of this section.

N. It shall be the duty of the Attorney General, or his designees, tomaintain the secrecy of all evidence, testimony, documents or other resultsof such investigations. Violation of this subsection shall be a misdemeanor.Nothing herein contained shall be construed to prevent (i) the disclosure ofany such investigative evidence by the Attorney General in his discretion toany federal or state law-enforcement authority that has restrictionsgoverning confidentiality similar to those contained in this subsection or(ii) the presentation and disclosure of any such investigative evidence bythe Attorney General, in his discretion, in any action or proceeding broughtby the Attorney General under this chapter.

(1974, c. 545; 1982, c. 285; 2000, c. 755.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-1-1 > 59-1-9-10

§ 59.1-9.10. Investigation by Attorney General of suspected violations; civilinvestigative demand to witnesses; access to business records, etc.

A. Whenever it shall appear to the Attorney General, either upon complaint orotherwise, that any person has engaged in, or is engaging in, or is about toengage in any act or practice prohibited by this chapter, the AttorneyGeneral may in his discretion either require or permit such person to filewith him a statement in writing or otherwise, under oath, as to all facts andcircumstances concerning the subject matter. The Attorney General may alsorequire such other data and information as he may deem relevant to thesubject matter of an investigation of a possible violation of this chapterand may make such special and independent investigations as he may deemnecessary in connection with such matter.

B. In connection with any such investigation, the Attorney General, or hisdesignee, is empowered to issue a civil investigative demand to witnesses bywhich he may (i) compel the attendance of such witnesses; (ii) examine suchwitnesses under oath before himself or a court of record; (iii) subject tosubsection C, require the production of any books or papers that he deemsrelevant or material to the inquiry; and (iv) issue written interrogatoriesto be answered by the witness served or, if the witness served is a public orprivate corporation or a partnership or association or governmental agency,by any officer or agent, who shall furnish such information as is availableto the witness. The above investigative powers shall not abate or terminateby reason of any action or proceeding brought by the Attorney General underthis chapter. When documentary material is demanded by a civil investigativedemand, said demand shall not: (1) contain any requirement that would beunreasonable or improper if contained in a subpoena duces tecum issued by acourt of this Commonwealth; or (2) require the disclosure of any documentarymaterial that would be privileged, or production of which for any otherreason would not be required by a subpoena duces tecum issued by a court ofthe Commonwealth.

C. Where the information requested pursuant to a civil investigative demandmay be derived or ascertained from the business records of the party uponwhom the interrogatory has been served or from an examination, audit orinspection of such business records, or from a compilation, abstract orsummary based therein, and the burden of deriving or ascertaining the answeris substantially the same for the Attorney General as for the party from whomsuch information is requested, it is sufficient for that party to specify therecords from which the answer may be derived or ascertained and to afford theAttorney General, or other individuals properly designated by the AttorneyGeneral, reasonable opportunity to examine, audit or inspect such records andto make copies, compilations, abstracts or summaries. Further, the AttorneyGeneral is hereby authorized, and may so elect, to require the productionpursuant to this section, of documentary material before or after the takingof any testimony of the person summoned pursuant to a civil investigativedemand, in which event, said documentary matter shall be made available forinspection and copying during normal business hours at the principal place ofbusiness of the person served, or at such other time and place, as may beagreed upon by the person served and the Attorney General.

D. Any civil investigative demand issued by the Attorney General shallcontain the following information:

1. The statute and section hereof, the alleged violation of which is underinvestigation and the subject matter of the investigation.

2. The date and place at which time the person is required to appear toproduce documentary material in his possession, custody or control in theoffice of the Attorney General located in Richmond, Virginia. Such date shallnot be less than twenty days from the date of the civil investigative demand.

3. Where documentary material is required to be produced, the same shall bedescribed by class so as to clearly indicate the material demanded.

E. Service of civil investigative demand of the Attorney General as providedherein may be made by:

1. Delivery of a duly executed copy thereof to the person served, or if aperson is not a natural person, to the principal place of business of theperson to be served, or

2. Mailing by certified mail, return receipt requested, a duly executed copythereof addressed to the person to be served at his principal place ofbusiness in the Commonwealth, or if said person has no place of business inthe Commonwealth, to his principal office.

F. Within twenty days after the service of any such demand upon any person orenterprise, or at any time before the return date specified in the demand,whichever period is shorter, such party may file, in the Circuit Court of theCity of Richmond and serve upon the Attorney General a petition for an orderof such court modifying or setting aside such demand. The time allowed forcompliance with the demand in whole or in part as deemed proper and orderedby the court shall not run during the pendency of such petition in the court.Such petition shall specify each ground upon which the petitioner relies inseeking such relief, and may be based upon any failure of such demand tocomply with the provisions of this chapter or upon any constitutional orother legal right or privilege of such party. The provisions of thissubsection shall be the exclusive means for a witness summoned pursuant to acivil investigative demand under this section to challenge a civilinvestigative demand issued pursuant to subsection B.

G. The examination of all witnesses under this section shall be conducted bythe Attorney General, or his designee, before an officer authorized toadminister oaths in this Commonwealth. The testimony shall be takenstenographically or by a sound recording device and shall be transcribed.

H. Any person required to testify or to submit documentary evidence shall beentitled, on payment of lawfully prescribed cost, to procure a copy of anydocument produced by such person and of his own testimony as stenographicallyreported or, in the case of depositions, as reduced to writing by or underthe direction of a person taking the deposition. Any party compelled totestify or to produce documentary evidence may be accompanied and advised bycounsel, but counsel may not, as a matter of right, otherwise participate inthe investigation.

I. All persons served with a civil investigative demand by the AttorneyGeneral under this chapter, other than any person or persons whose conduct orpractices are being investigated or any officer, director or person in theemploy of such person under investigation, shall be paid the same fees andmileage as paid witnesses in the courts of this Commonwealth. No person shallbe excused from attending such inquiry pursuant to the mandate of a civilinvestigative demand, or from producing a paper or from being examined orrequired to answer questions on the ground of failure to tender or pay awitness fee or mileage unless demand therefor is made at the time testimonyis about to be taken and as a condition precedent to offering such productionor testimony and unless payment thereof is not thereupon made.

J. Any natural person who shall neglect or refuse to attend and testify, orto answer any lawful inquiry or to produce documentary evidence, if in hispower to do so, in obedience of a civil investigative demand or lawfulrequest of the Attorney General or those properly authorized by the AttorneyGeneral, pursuant to this section, shall be guilty of a misdemeanor and uponconviction thereof by a court of competent jurisdiction shall be punished bya fine of not more than $5,000, or by imprisonment in jail for not more thanone year, or both such fine and imprisonment.

Any natural person who commits perjury or false swearing or contempt inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with a civil investigative demand or lawful request by theAttorney General, pursuant to this section, shall be guilty of a misdemeanorand upon conviction therefor by a court of competent jurisdiction shall bepunished by a fine of not more than $5,000, or by imprisonment in jail fornot more than one year, or both such fine and imprisonment.

K. In any investigation brought by the Attorney General pursuant to thischapter, no individual shall be excused from attending, testifying orproducing documentary material, objects or intangible things in obedience toa civil investigative demand or under order of the court on the ground thatthe testimony or evidence required of him may tend to incriminate him orsubject him to any penalty, but no testimony or other information compelledeither by the Attorney General or under order of the court, or anyinformation directly or indirectly derived from such testimony or otherinformation, may be used against the individual or witness in any criminalcase. However, he may nevertheless be prosecuted or subjected to penalty orforfeiture for any perjury, false swearing or contempt committed inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with the order of the Attorney General or the court. If anindividual refuses to testify or produce evidence after being grantedimmunity from prosecution and after being ordered to testify or produceevidence as aforesaid, he may be adjudged in civil contempt by a court ofcompetent jurisdiction and committed to the county jail until such time as hepurges himself of contempt by testifying, producing evidence or presenting awritten statement as ordered. The foregoing shall not prevent the AttorneyGeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.

L. It shall be the duty of all public officials, both state and local, theirdeputies, assistants, clerks, subordinates or employees, and all otherpersons to render and furnish to the Attorney General, his deputy or otherdesignated representative, when so requested, all information and assistancein their possession or within their power. Any officer participating in suchinquiry and any person examined as a witness upon such inquiry who shalldisclose to any such person other than the Attorney General the name of anywitness examined or any other information obtained upon such inquiry, exceptas so directed by the Attorney General, shall be guilty of a misdemeanor andsubject to the sanctions prescribed in subsection J. Such inquiry may uponwritten authorization of the Attorney General be made public.

M. The Attorney General may promulgate rules and regulations to implement andcarry out the provisions of this section.

N. It shall be the duty of the Attorney General, or his designees, tomaintain the secrecy of all evidence, testimony, documents or other resultsof such investigations. Violation of this subsection shall be a misdemeanor.Nothing herein contained shall be construed to prevent (i) the disclosure ofany such investigative evidence by the Attorney General in his discretion toany federal or state law-enforcement authority that has restrictionsgoverning confidentiality similar to those contained in this subsection or(ii) the presentation and disclosure of any such investigative evidence bythe Attorney General, in his discretion, in any action or proceeding broughtby the Attorney General under this chapter.

(1974, c. 545; 1982, c. 285; 2000, c. 755.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-1-1 > 59-1-9-10

§ 59.1-9.10. Investigation by Attorney General of suspected violations; civilinvestigative demand to witnesses; access to business records, etc.

A. Whenever it shall appear to the Attorney General, either upon complaint orotherwise, that any person has engaged in, or is engaging in, or is about toengage in any act or practice prohibited by this chapter, the AttorneyGeneral may in his discretion either require or permit such person to filewith him a statement in writing or otherwise, under oath, as to all facts andcircumstances concerning the subject matter. The Attorney General may alsorequire such other data and information as he may deem relevant to thesubject matter of an investigation of a possible violation of this chapterand may make such special and independent investigations as he may deemnecessary in connection with such matter.

B. In connection with any such investigation, the Attorney General, or hisdesignee, is empowered to issue a civil investigative demand to witnesses bywhich he may (i) compel the attendance of such witnesses; (ii) examine suchwitnesses under oath before himself or a court of record; (iii) subject tosubsection C, require the production of any books or papers that he deemsrelevant or material to the inquiry; and (iv) issue written interrogatoriesto be answered by the witness served or, if the witness served is a public orprivate corporation or a partnership or association or governmental agency,by any officer or agent, who shall furnish such information as is availableto the witness. The above investigative powers shall not abate or terminateby reason of any action or proceeding brought by the Attorney General underthis chapter. When documentary material is demanded by a civil investigativedemand, said demand shall not: (1) contain any requirement that would beunreasonable or improper if contained in a subpoena duces tecum issued by acourt of this Commonwealth; or (2) require the disclosure of any documentarymaterial that would be privileged, or production of which for any otherreason would not be required by a subpoena duces tecum issued by a court ofthe Commonwealth.

C. Where the information requested pursuant to a civil investigative demandmay be derived or ascertained from the business records of the party uponwhom the interrogatory has been served or from an examination, audit orinspection of such business records, or from a compilation, abstract orsummary based therein, and the burden of deriving or ascertaining the answeris substantially the same for the Attorney General as for the party from whomsuch information is requested, it is sufficient for that party to specify therecords from which the answer may be derived or ascertained and to afford theAttorney General, or other individuals properly designated by the AttorneyGeneral, reasonable opportunity to examine, audit or inspect such records andto make copies, compilations, abstracts or summaries. Further, the AttorneyGeneral is hereby authorized, and may so elect, to require the productionpursuant to this section, of documentary material before or after the takingof any testimony of the person summoned pursuant to a civil investigativedemand, in which event, said documentary matter shall be made available forinspection and copying during normal business hours at the principal place ofbusiness of the person served, or at such other time and place, as may beagreed upon by the person served and the Attorney General.

D. Any civil investigative demand issued by the Attorney General shallcontain the following information:

1. The statute and section hereof, the alleged violation of which is underinvestigation and the subject matter of the investigation.

2. The date and place at which time the person is required to appear toproduce documentary material in his possession, custody or control in theoffice of the Attorney General located in Richmond, Virginia. Such date shallnot be less than twenty days from the date of the civil investigative demand.

3. Where documentary material is required to be produced, the same shall bedescribed by class so as to clearly indicate the material demanded.

E. Service of civil investigative demand of the Attorney General as providedherein may be made by:

1. Delivery of a duly executed copy thereof to the person served, or if aperson is not a natural person, to the principal place of business of theperson to be served, or

2. Mailing by certified mail, return receipt requested, a duly executed copythereof addressed to the person to be served at his principal place ofbusiness in the Commonwealth, or if said person has no place of business inthe Commonwealth, to his principal office.

F. Within twenty days after the service of any such demand upon any person orenterprise, or at any time before the return date specified in the demand,whichever period is shorter, such party may file, in the Circuit Court of theCity of Richmond and serve upon the Attorney General a petition for an orderof such court modifying or setting aside such demand. The time allowed forcompliance with the demand in whole or in part as deemed proper and orderedby the court shall not run during the pendency of such petition in the court.Such petition shall specify each ground upon which the petitioner relies inseeking such relief, and may be based upon any failure of such demand tocomply with the provisions of this chapter or upon any constitutional orother legal right or privilege of such party. The provisions of thissubsection shall be the exclusive means for a witness summoned pursuant to acivil investigative demand under this section to challenge a civilinvestigative demand issued pursuant to subsection B.

G. The examination of all witnesses under this section shall be conducted bythe Attorney General, or his designee, before an officer authorized toadminister oaths in this Commonwealth. The testimony shall be takenstenographically or by a sound recording device and shall be transcribed.

H. Any person required to testify or to submit documentary evidence shall beentitled, on payment of lawfully prescribed cost, to procure a copy of anydocument produced by such person and of his own testimony as stenographicallyreported or, in the case of depositions, as reduced to writing by or underthe direction of a person taking the deposition. Any party compelled totestify or to produce documentary evidence may be accompanied and advised bycounsel, but counsel may not, as a matter of right, otherwise participate inthe investigation.

I. All persons served with a civil investigative demand by the AttorneyGeneral under this chapter, other than any person or persons whose conduct orpractices are being investigated or any officer, director or person in theemploy of such person under investigation, shall be paid the same fees andmileage as paid witnesses in the courts of this Commonwealth. No person shallbe excused from attending such inquiry pursuant to the mandate of a civilinvestigative demand, or from producing a paper or from being examined orrequired to answer questions on the ground of failure to tender or pay awitness fee or mileage unless demand therefor is made at the time testimonyis about to be taken and as a condition precedent to offering such productionor testimony and unless payment thereof is not thereupon made.

J. Any natural person who shall neglect or refuse to attend and testify, orto answer any lawful inquiry or to produce documentary evidence, if in hispower to do so, in obedience of a civil investigative demand or lawfulrequest of the Attorney General or those properly authorized by the AttorneyGeneral, pursuant to this section, shall be guilty of a misdemeanor and uponconviction thereof by a court of competent jurisdiction shall be punished bya fine of not more than $5,000, or by imprisonment in jail for not more thanone year, or both such fine and imprisonment.

Any natural person who commits perjury or false swearing or contempt inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with a civil investigative demand or lawful request by theAttorney General, pursuant to this section, shall be guilty of a misdemeanorand upon conviction therefor by a court of competent jurisdiction shall bepunished by a fine of not more than $5,000, or by imprisonment in jail fornot more than one year, or both such fine and imprisonment.

K. In any investigation brought by the Attorney General pursuant to thischapter, no individual shall be excused from attending, testifying orproducing documentary material, objects or intangible things in obedience toa civil investigative demand or under order of the court on the ground thatthe testimony or evidence required of him may tend to incriminate him orsubject him to any penalty, but no testimony or other information compelledeither by the Attorney General or under order of the court, or anyinformation directly or indirectly derived from such testimony or otherinformation, may be used against the individual or witness in any criminalcase. However, he may nevertheless be prosecuted or subjected to penalty orforfeiture for any perjury, false swearing or contempt committed inanswering, or failing to answer, or in producing evidence or failing to do soin accordance with the order of the Attorney General or the court. If anindividual refuses to testify or produce evidence after being grantedimmunity from prosecution and after being ordered to testify or produceevidence as aforesaid, he may be adjudged in civil contempt by a court ofcompetent jurisdiction and committed to the county jail until such time as hepurges himself of contempt by testifying, producing evidence or presenting awritten statement as ordered. The foregoing shall not prevent the AttorneyGeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.

L. It shall be the duty of all public officials, both state and local, theirdeputies, assistants, clerks, subordinates or employees, and all otherpersons to render and furnish to the Attorney General, his deputy or otherdesignated representative, when so requested, all information and assistancein their possession or within their power. Any officer participating in suchinquiry and any person examined as a witness upon such inquiry who shalldisclose to any such person other than the Attorney General the name of anywitness examined or any other information obtained upon such inquiry, exceptas so directed by the Attorney General, shall be guilty of a misdemeanor andsubject to the sanctions prescribed in subsection J. Such inquiry may uponwritten authorization of the Attorney General be made public.

M. The Attorney General may promulgate rules and regulations to implement andcarry out the provisions of this section.

N. It shall be the duty of the Attorney General, or his designees, tomaintain the secrecy of all evidence, testimony, documents or other resultsof such investigations. Violation of this subsection shall be a misdemeanor.Nothing herein contained shall be construed to prevent (i) the disclosure ofany such investigative evidence by the Attorney General in his discretion toany federal or state law-enforcement authority that has restrictionsgoverning confidentiality similar to those contained in this subsection or(ii) the presentation and disclosure of any such investigative evidence bythe Attorney General, in his discretion, in any action or proceeding broughtby the Attorney General under this chapter.

(1974, c. 545; 1982, c. 285; 2000, c. 755.)