§ 5-38.3-5 - Investigation – Procedure – Remedies for failure to comply.
SECTION 5-38.3-5
§ 5-38.3-5 Investigation – Procedure– Remedies for failure to comply. – (a) When it appears to the attorney general that a person has engaged in, isengaging in, or is about to engage in, any act or practice declared to beunlawful by this chapter, or when the attorney general believes it to be in thepublic interest that an investigation should be made to ascertain whether aperson in fact has engaged in, is engaging in, or is about to engage in, anyact or practice declared to be unlawful by this chapter, he or she may execute,in writing, and serve, upon any person who is believed to have information,documentary material, or physical evidence relevant to the alleged or suspectedviolation, an investigative demand, stating the general subject matter of theinvestigation and the statute and section the alleged or suspected violation ofwhich is under investigation, and requiring the person to furnish, under oathor otherwise, a report, in writing, stating the relevant facts andcircumstances of which the person has knowledge, or to appear and testify, orto produce relevant documentary material or physical evidence for examination,at any reasonable time and place that may be stated in the investigativedemand, concerning the deceptive and/or fraudulent practice in the repair ofmotor vehicles or the conduct of any trade or commerce that is the subjectmatter of the investigation. All civil investigative demands shall be filed inthe superior court of the county in which the person served with the demanddwells or has his or her principal place of business.
(b) At any time before the return date specified in aninvestigative demand, or within twenty (20) days after the demand has beenserved, whichever period is shorter, a petition to extend the return date or tomodify or set aside the demand, stating good cause, may be filed in thesuperior court in which the person served with the demand dwells or has his orher principal place of business, or in the superior court of Providence County.
(c) To accomplish the objectives and to carry out the dutiesprescribed by this chapter, the attorney general, in addition to other powersconferred upon him or her by this chapter, may issue subpoenas to any person,administer an oath or affirmation to any person, conduct hearings in aid of anyinvestigation or inquiry; provided, that none of the powers conferred by thischapter shall be used for the purpose of compelling any natural person tofurnish testimony or evidence which might tend to incriminate that person orsubject him or her to a penalty or forfeiture. Information obtained pursuant tothe powers conferred by this chapter shall not be made public or disclosed bythe attorney general or his or her employees beyond the extent necessary forlaw enforcement purposes in the public interest.
(d) Service of any notice, demand, or subpoena under thischapter shall be made personally within this state, but if personal servicecannot be obtained, substituted service may be made in the following manner:
(1) Personal service outside this state;
(2) The mailing by registered or certified mail to the lastknown place of business, residence, or abode within or outside this state ofthe person for whom the service is intended;
(3) As to any person other than a natural person, in themanner provided in the rules of civil procedure as if a complaint or otherpleading which institutes a civil proceeding had been filed; or
(4) Any service that the superior court may direct in lieu ofpersonal service within this state.
(e) A person upon whom a demand is served pursuant to theprovisions of this section shall comply with the terms of the demand unlessotherwise provided. Subject to the protections provided for in subsection (c)of this section relating to self incrimination, any person who, with intent toavoid, evade, or prevent compliance, in whole or in part, with any civilinvestigative demand under this section, removes from any place, conceals,withholds, or destroys, mutilates, alters, or by any other means falsifies anydocumentary material in the possession, custody, or control of any personsubject of any demand, or knowingly conceals any relevant information, shall befined not more than two thousand five hundred dollars ($2,500).
(f) If any person fails or refuses to file any statement orreport, or obey any subpoena or investigative demand issued by the attorneygeneral, the attorney general may file in the superior court of the county inwhich the person dwells or can be found, or has his or her principal place ofbusiness, or of Providence County, if the superior court at that county is notin session, or if the person is a nonresident or has no principal place ofbusiness in this state, or of the other county that may be agreed upon by theparties to the petition, and serve upon the person a petition for an order ofthe court for the enforcement of this section, and the petition may request andthe court has jurisdiction to grant after notice and hearing, an order:
(1) Granting injunctive relief to restrain the person fromengaging in the deceptive and/or fraudulent practice in the repair of motorvehicles or the conduct of any trade or commerce that is involved in thealleged or suspected violation;
(2) Vacating, annulling, or suspending the corporate charterof a corporation created by or under the laws of this state or revoking orsuspending the certificate of authority to do business in this state of aforeign corporation or revoking or suspending any other licenses, permits, orcertificates issued pursuant to law to the person which are used to further theallegedly unlawful practice; and
(3) Granting any other relief that may be required, until theperson files the statement or report, or obeys the subpoena or investigativedemand.
(4) Any final order entered is subject to appeal to the statesupreme court. Any disobedience of any final order entered under this sectionby any court shall be punished as a contempt of the order.