                                 CODE OF VIRGINIA

INVESTIGATION BY ATTORNEY GENERAL OF SUSPECTED VIOLATIONS; CIVIL INVESTIGATIVE
DEMAND TO WITNESSES; ACCESS TO BUSINESS RECORDS, ETC (§ 59.1-9.10)

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

B. In connection with any such investigation, the Attorney General, or his
designee, is empowered to issue a civil investigative demand to witnesses by
which he may (i) compel the attendance of such witnesses; (ii) examine such
witnesses under oath before himself or a court of record; (iii) subject to
subsection C, require the production of any books or papers that he deems
relevant or material to the inquiry; and (iv) issue written interrogatories to
be answered by the witness served or, if the witness served is a public or
private corporation or a partnership or association or governmental agency, by
any officer or agent, who shall furnish such information as is available to the
witness. The above investigative powers shall not abate or terminate by reason
of any action or proceeding brought by the Attorney General under this chapter.
When documentary material is demanded by a civil investigative demand, said
demand shall not: (1) contain any requirement that would be unreasonable or
improper if contained in a subpoena duces tecum issued by a court of this
Commonwealth; or (2) require the disclosure of any documentary material that
would be privileged, or production of which for any other reason would not be
required by a subpoena duces tecum issued by a court of the Commonwealth.

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

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

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

   2. The date and place at which time the person is required to appear to
   produce documentary material in his possession, custody or control in the
   office of the Attorney General located in Richmond, Virginia. Such date shall
   not 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 be
   described by class so as to clearly indicate the material demanded.

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

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

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

F. Within twenty days after the service of any such demand upon any person or
enterprise, 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 the
City of Richmond and serve upon the Attorney General a petition for an order of
such court modifying or setting aside such demand. The time allowed for
compliance with the demand in whole or in part as deemed proper and ordered by
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 in seeking
such relief, and may be based upon any failure of such demand to comply with the
provisions of this chapter or upon any constitutional or other legal right or
privilege of such party. The provisions of this subsection shall be the
exclusive means for a witness summoned pursuant to a civil investigative demand
under this section to challenge a civil investigative demand issued pursuant to
subsection B.

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

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

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

J. Any natural person who shall neglect or refuse to attend and testify, or to
answer any lawful inquiry or to produce documentary evidence, if in his power to
do so, in obedience of a civil investigative demand or lawful request of the
Attorney General or those properly authorized by the Attorney General, pursuant
to this section, shall be guilty of a misdemeanor and upon conviction thereof by
a court of competent jurisdiction shall be punished by a fine of not more than
$5,000, or by imprisonment in jail for not more than one year, or both such fine
and imprisonment.
			Any natural person who commits perjury or false swearing or contempt in
answering, or failing to answer, or in producing evidence or failing to do so in
accordance with a civil investigative demand or lawful request by the Attorney
General, pursuant to this section, shall be guilty of a misdemeanor and upon
conviction therefor by a court of competent jurisdiction shall be punished by a
fine of not more than $5,000, or by imprisonment in jail for not more than one
year, or both such fine and imprisonment.

K. In any investigation brought by the Attorney General pursuant to this
chapter, no individual shall be excused from attending, testifying or producing
documentary material, objects or intangible things in obedience to a civil
investigative demand or under order of the court on the ground that the
testimony or evidence required of him may tend to incriminate him or subject him
to any penalty, but no testimony or other information compelled either by the
Attorney General or under order of the court, or any information directly or
indirectly derived from such testimony or other information, may be used against
the individual or witness in any criminal case. However, he may nevertheless be
prosecuted or subjected to penalty or forfeiture for any perjury, false swearing
or contempt committed in answering, or failing to answer, or in producing
evidence or failing to do so in accordance with the order of the Attorney
General or the court. If an individual refuses to testify or produce evidence
after being granted immunity from prosecution and after being ordered to testify
or produce evidence as aforesaid, he may be adjudged in civil contempt by a
court of competent jurisdiction and committed to the county jail until such time
as he purges himself of contempt by testifying, producing evidence or presenting
a written statement as ordered. The foregoing shall not prevent the Attorney
General from instituting other appropriate contempt proceedings against any
person who violates any of the above provisions.

L. It shall be the duty of all public officials, both state and local, their
deputies, assistants, clerks, subordinates or employees, and all other persons
to render and furnish to the Attorney General, his deputy or other designated
representative, when so requested, all information and assistance in their
possession or within their power. Any officer participating in such inquiry and
any person examined as a witness upon such inquiry who shall disclose to any
such person other than the Attorney General the name of any witness examined or
any other information obtained upon such inquiry, except as so directed by the
Attorney General, shall be guilty of a misdemeanor and subject to the sanctions
prescribed in subsection J. Such inquiry may upon written authorization of the
Attorney General be made public.

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

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

HISTORY: 1974, c. 545; 1982, c. 285; 2000, c. 755.