3.2-4215.1 - Authority of Attorney General; audit and investigation.
§ 3.2-4215.1. Authority of Attorney General; audit and investigation.
The Attorney General or his authorized representative shall have theauthority to:
1. Conduct audits and investigations of (i) a nonparticipating manufacturerand its importers or a tobacco product manufacturer as defined in § 3.2-4200that became a participating manufacturer after the Master Settlementexecution date, as defined at section II (aa) of the Master SettlementAgreement, and its importers, (ii) exclusive distributors, retail dealers,stamping agents, and wholesale dealers, as defined in § 58.1-1000, and (iii)persons or entities engaged in delivery sales as defined in § 18.2-246.6; and
2. Upon reasonable cause to believe that a violation of this article or ofArticle 1 (§ 3.2-4200 et seq.) of this chapter, or of Chapter 10 (§ 58.1-1000et seq.) of Title 58.1, or Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 ofTitle 18.2 has occurred or is reasonably likely to occur, issue subpoenas,compel the attendance of witnesses, administer oaths, certify to officialacts, take depositions within and without the Commonwealth, as now providedby law, and compel the production of pertinent books, payrolls, accounts,papers, records, documents, and testimony relevant to such investigation. Ifa person refuses, without good cause, to be examined or to answer a legal andpertinent question, or to produce a document or other evidence when orderedto do so by the Attorney General or his authorized representative, theAttorney General or his authorized representative may apply to the judge ofthe circuit court of the jurisdiction where such person is in attendance orlocated, upon affidavit, for an order returnable in no less than two nor morethan five days, directing such person to show cause why he should not beexamined, answer a legal or pertinent question or produce a document, recordor other evidence. Upon the hearing of such, if the court determines thatsuch person, without good cause, has refused to be examined or to answerlegal or pertinent questions, or to produce a document, record or otherevidence, the court may order compliance with the subpoena and assess allcosts and reasonable attorney fees against such person. If the motion for anorder is granted and the person thereafter fails to comply with the order,the court may make such orders as are provided for in the Rules of theSupreme Court of Virginia. Subpoenas shall be served and witness fees andmileage paid as allowed in civil cases in the circuit courts of theCommonwealth.
(2008, c. 758, § 3.1-336.13:1.)