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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) If the attorney general has reason to believe that a person is engaging in or has engaged in an act or practice in violation of this chapter, or that it is in the public interest to conduct an investigation to ascertain whether a person is engaging in, has engaged in, or is about to engage in an act or practice in violation of this chapter, then the attorney general may:
(1) Require a person with information relevant to the subject matter of the investigation to file a statement or report in writing, under oath or otherwise, that contains all the facts and circumstances about the alleged discriminatory act and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation; and
(2) Examine, under oath, a person with information relevant to the subject matter of the investigation.
(b) Prior to the return date specified in the attorney general's request for information pursuant to subsection (a), or within ten (10) days following notice of the request, whichever is shorter, a person from whom information has been requested may petition the chancery court or circuit court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has the respondent's principal place of business, stating good cause, for a protective order to extend the return date for a reasonable time, or to modify or set aside the request. The attorney general must receive at least one (1) day's notice of such a petition and must be given an opportunity to respond.
(c) If a protective order from the court is not secured and the written request by the attorney general is not complied with by its return date, then the attorney general, upon notice to the person requested to provide information, may apply to the chancery court of Davidson County or Williamson County, or a court of competent jurisdiction for an order compelling compliance with the request made pursuant to subsection (a).
(d) Upon a showing by the attorney general that there are reasonable grounds to believe this chapter has been, is being, or is about to be violated and that the person who has violated, is violating, or is about to violate this chapter, or possess the relevant documentary material has left the state or is about to leave the state, a court of competent jurisdiction in this state may order such persons to comply with subsection (a) if the order is necessary for the enforcement of this part, whether the attorney general has made a prior request for information or not. Notwithstanding another law to the contrary, the court may immediately and without notice, forbid the removal from a place, concealment, withholding, destruction, mutilation, falsification, or alteration by other means of documentary material in the possession, custody, or control of a person believed by the attorney general to be connected with acts or practices that violate this chapter.
(e) A person who has received notice of a request for information pursuant to subsection (a), or of an order pursuant to subsections (c) or (d), and, with intent to avoid, evade, or prevent compliance, in whole or in part, with a civil investigation or order under this part, removes from a place, conceals, withholds, destroys, mutilates, falsifies or, by other means, alters documentary material in the possession, custody, or control of a person subject to such notice, is subject to a civil penalty of not more than five thousand dollars ($5,000) per violation, recoverable by the state in addition to any other appropriate sanction.
(f) Documentary material requested pursuant to this section must be produced for inspection and copying during normal business hours at the principal office or place of business of the person possessing such documentary material or merchandise, or at such other time and place as may be agreed to by the possessor and the attorney general.
(g)(1) Unless otherwise ordered by the court for good cause shown, complaints filed with the attorney general and all documentary material or other information obtained by the attorney general pursuant to an investigation under this chapter must not be produced for inspection, copied by, or its contents disclosed to, a person other than an authorized representative of the attorney general for the purpose of investigation or prosecution without the consent of the person who produced the material or information, except that documentary material obtained by the attorney general pursuant to this section may be provided to the complainant, the respondent, their attorneys, or any state or federal law enforcement agency seeking to enforce anti-discrimination statutes.
(2) The attorney general may use copies of the documentary material or information produced in accordance with this section as it determines necessary in the enforcement of this part, including the presentation of such material or information before a court.
(3) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general as part of an investigation under this section must be treated as if such information was obtained pursuant to a request issued under this section if such materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general, obtained from a state or federal attorney general pursuant to a statutory obligation to produce such information, or provided by a person with information relevant to the subject matter of the investigation.
(h) In conducting an inquiry pursuant to this section, the attorney general, whenever such aid is determined to be necessary and desirable, may request the aid of an agency of the state, and the agency, as requested, must give full aid, support, and cooperation to the attorney general in the investigation.
(i) Service of any notice, order, or request for information by the attorney general may be made in compliance with the Tennessee Rules of Civil Procedure or by:
(1) Delivering a duly executed copy of the notice, order, or request for information to the person to be served, or to a partner, officer, or agent authorized by appointment or by law to receive service of process on behalf of the person to be served;
(2) Mailing a duly executed copy of the notice, order, or request for information by registered or certified mail addressed to the person, to be served at the person's principal place of business in this state, or if the person has no place of business within this state, to the person's principal office, place of business, home, or last known address; or
(3) Personal service, pursuant to §§ 20-2-214 -- 20-2-220.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-205 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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