The commission may undertake audits and investigations to determine whether a person has violated this chapter, chapter 14 or the rules of the commission. For this purpose, the commission may subpoena witnesses and records whether located
within or without the State and take evidence under oath. A person or entity that
fails to obey the lawful subpoena of the commission or to testify before it under
oath must be punished by the Superior Court for contempt upon application by the Attorney
General on behalf of the commission. The Attorney General may apply on behalf of the commission to the Superior Court or
to a court of another state to enforce compliance with a subpoena issued to a nonresident
person. Service of any subpoena issued by the commission may be accomplished by:
A. Delivering a duly executed copy of the notice to the person to be served or to a partner
or to any officer or agent authorized by appointment or by law to receive service
of process on behalf of that person; [2013, c. 162, §1 (NEW).]
B. Delivering a duly executed copy of the notice to the principal place of business in
this State of the person to be served; or [2013, c. 162, §1 (NEW).]
C. Mailing by registered or certified mail a duly executed copy of the notice, addressed
to the person to be served, to the person's principal place of business. [2013, c. 162, §1 (NEW).]
2013, c. 162, §1 (AMD)
A person may apply in writing to the commission requesting an investigation as described in subsection 1. The commission shall review the application and shall make the investigation if
the reasons stated for the request show sufficient grounds for believing that a violation
may have occurred.
2011, c. 389, §4 (AMD)
2001, c. 535, §1 (RP)
The State Auditor shall assist the commission in making investigations and in other
phases of the commission's duties under this chapter, as requested by the commission,
and has all necessary powers to carry out these responsibilities.
1999, c. 426, §31 (AMD)
Investigative working papers of the commission are confidential and may not be disclosed
to any person except the members and staff of the commission, the subject of the audit
or investigation, other entities as necessary for the conduct of an audit or investigation
and law enforcement and other agencies for purposes of reporting, investigating or
prosecuting a criminal or civil violation. For purposes of this subsection, "investigative
working papers" means documents, records and other printed or electronic information
in the following limited categories that are acquired, prepared or maintained by the
commission during the conduct of an investigation or audit:
A. Financial information not normally available to the public; [2007, c. 571, §6 (NEW).]
B. Information belonging to a party committee, political action committee, ballot question
committee, candidate or candidate's authorized committee that, if disclosed, would
reveal sensitive political or campaign information; [2007, c. 571, §6 (NEW).]
C. Information or records subject to a privilege against discovery or use as evidence;
and [2007, c. 571, §6 (NEW).]
D. Intra-agency or interagency communications related to an audit or investigation. [2007, c. 571, §6 (NEW).]
The commission may disclose investigative working papers, except for the information
or records subject to a privilege against discovery or use as evidence, in a final
audit or investigation report or determination if the information or record is materially
relevant to a finding of fact or violation.
2007, c. 571, §6 (NEW)
Upon the request of the commission, the Attorney General shall aid in any investigation,
provide advice, examine any witnesses before the commission or otherwise assist the
commission in the performance of its duties. The commission shall refer any apparent
violations of this chapter to the Attorney General for prosecution.
2001, c. 470, §5 (AMD)
1985, c. 161, §6 (NEW).
1989, c. 504, §§1,31 (AMD).
1991, c. 839, §1 (AMD).
1991, c. 839, §34 (AFF).
1999, c. 426, §31 (AMD).
2001, c. 237, §1 (AMD).
2001, c. 470, §5 (AMD).
2001, c. 535, §1 (AMD).
2005, c. 301, §5 (AMD).
2007, c. 571, §6 (AMD).
2009, c. 524, §4 (AMD).
2011, c. 389, §§3, 4 (AMD).
2013, c. 162, §1 (AMD).
Data for this page extracted on 12/03/2013 11:57:51.
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