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RSA 147-A:8 · Official Investigation
147-A:8 Official Investigation. –
Copy linkThe attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter and the provisions of RSA 147-B.
Copy linkIf, during the course of any investigation under this chapter or RSA 147-B, the attorney general believes a person may have information or be in possession, custody or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand for information; or a subpoena to appear and be examined under oath; or a subpoena duces tecum to appear and produce the documents or objects for inspection and copying. A written demand for information may be mailed to the person believed to have such information. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated therein to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury.
Copy linkDescribe the documents or objects with sufficient definiteness to permit them to be fairly identified.
Copy linkPrescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with, the subpoena may be filed with the attorney general on or before that date.
Copy linkSpecify a place for the taking of testimony or for production and designate a person who shall be custodian of the documents or objects.
Copy linkPrescribe a reasonable time for complying with the information demand, and advise the person that objections to or reasons for not complying with the information demand may be filed with the attorney general on or before that date.
Copy linkIf a person objects to or fails to comply with the information demand, subpoena or subpoena duces tecum served upon him under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains his principal place of business or if the person is a nonresident and has no principal place of business within this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena or information demand. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter or of RSA 147-B, and that the information, testimony, documents or objects sought are relevant to the investigation, it shall order the person to provide the information, to appear for testimony, or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena or information demand the court prescribes. Source. 1981, 413:2. 1986, 158:6, eff. July 27, 1986.
Copy linkSource note
Source. 1981, 413:2. 1986, 158:6, eff. July 27, 1986.
Source history
- 1981, 413:2
- 1986, 158:6, eff. July 27, 1986
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or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. 12 Repeal. The
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