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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) If the attorney general and reporter has reason to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful act or practice under state law that is a proper subject of inquiry by the attorney general and reporter, or has reason to believe it to be 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 such act or practice, the attorney general and reporter 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, as to all the facts and circumstances concerning the alleged violation and to furnish and make available for examination all documentary material and information relevant to the subject matter of the investigation;
(2) Examine under oath a person with information relevant to the subject matter of the investigation; and
(3) Examine or sample all merchandise deemed relevant to the subject matter of the investigation.
(b) Prior to the return date specified in the attorney general and reporter's request for information pursuant to subsection (a), or within ten (10) days following notice of such a request, whichever is shorter, a person from whom information has been requested may petition the circuit or chancery court of the county containing the office from which the attorney general and reporter made the request pursuant to subsection (a), 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 and reporter must receive at least one (1) days' notice of such a petition and must be given an opportunity to respond.
(c) If no protective order from the court is secured and the written request by the attorney general and reporter is not complied with by its return date, the attorney general and reporter, upon notice to the person requested to provide information, may apply to the circuit or chancery court of the county containing the office from which the attorney general and reporter made the request pursuant to subsection (a), for an order compelling compliance with the request made pursuant to subsection (a).
(d) Upon a showing by the attorney general and reporter to the circuit or chancery court of the county containing the office from which the attorney general and reporter made or could have made the request pursuant to subsection (a) that the attorney general and reporter has reason to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful act or practice under state law that is a proper subject of inquiry by the attorney general and reporter, or has reason to believe it to be 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 such act or practice; that the persons who are committing, have committed, or are about to commit such acts or practices or who possess the relevant documentary material have left this state or are about to leave this state; and that such an order is necessary for the enforcement of any state law that is a proper subject of inquiry by the attorney general and reporter, the court may order such persons to comply with subsection (a) regardless of whether the attorney general and reporter has made a prior request for information. The court may also, notwithstanding another law, immediately and without notice, forbid the removal from any place, concealment, withholding, destruction, mutilation, falsification, or alteration by any other means of documentary material in the possession, custody, or control of a person believed by the attorney general and reporter to be connected with acts or practices which violate state law that is a proper subject of inquiry by the attorney general and reporter.
(e) A person who has received notice of a request for information pursuant to subsection (a), or of an order pursuant to subsection (c) or (d), and with the intent to avoid, evade, or prevent compliance, in whole or in part, with a civil investigation or order, removes from any place, conceals, withholds, destroys, mutilates, falsifies or by any 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 one thousand dollars ($1,000) per document, recoverable by this state in addition to any other appropriate sanction.
(f) Documentary material or merchandise 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 upon by the possessor and the attorney general and reporter.
(g)(1) All testimony, books, documents, or other writings, records, or tangible objects obtained by the attorney general and reporter pursuant to this section are confidential and must not be publicly divulged by the office of the attorney general and reporter except in the discharge of the duties of the office or in legal proceedings in which the state is a party.
(2) All other documentary material, answers to written interrogatories, and transcripts of oral testimony that are voluntarily provided to the attorney general and reporter as part of an investigation under this part must be treated as if obtained pursuant to a request issued under this part if said materials were obtained pursuant to an investigative demand or similar process issued by another state or federal attorney general or law enforcement agency, obtained from a state or federal attorney general or law enforcement agency pursuant to a statutory obligation to produce, or provided by a person with information relevant to the subject matter of the investigation. In conducting an inquiry pursuant to this section, the attorney general and reporter, whenever such aid is determined to be necessary and desirable, may request the aid of an agency of this state; and such agency, as requested, shall give full aid, support, and cooperation to the attorney general and reporter in such investigation.
(h) Service of a notice, order, or request for information by the attorney general and reporter 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 or to an officer or agent authorized by appointment or by law to receive service of process on behalf of the person to be served;
(2) Mailing by registered or certified mail a duly executed copy of the notice, order, or request for information 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.
(i) This section does not apply to requests by the attorney general and reporter under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, or the Tennessee Human Rights Act, compiled in title 4, chapter 21.
(j) No provision of this section shall be construed to limit, modify, or supersede the Tennessee Consumer Protection Act or the Tennessee Human Rights Act.
Cite this article: FindLaw.com - Tennessee Code Title 8. Public Officers and Employees § 8-6-409 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-6-409/
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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