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RSA 149-M:13 · Official Investigation

Title
X: PUBLIC HEALTH
Chapter
149-M · SOLID WASTE MANAGEMENT
Status
current
Official source linked
Yes
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149-M:13 Official Investigation. –

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I.

The 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.

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II.

If, during the course of any investigation under this chapter, 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, 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 in such subpoena 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.

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III.

Any subpoena issued pursuant to this chapter shall:

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(a)

Describe the nature of the investigation.

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(b)

Describe the documents or objects with sufficient definiteness to permit them to be fairly identified.

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(c)

Prescribe 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.

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(d)

Specify a place for the taking of testimony or for the production of documents or objects and designate a person who shall be custodian of the documents or objects.

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IV.

A written demand for information issued pursuant to this chapter shall:

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(a)

Describe the nature of the investigation.

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(b)

Describe the information sought in connection with that investigation.

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(c)

Prescribe 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.

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V.

If a person objects to or fails to comply with the information demand, subpoena, or subpoena duces tecum served upon the person under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains the principal place of business or, if the person is a nonresident and has no principal place of business in 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, 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. 1996, 251:2, eff. Aug. 9, 1996.

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Source note

Source. 1996, 251:2, eff. Aug. 9, 1996.

Source history

  • 1996, 251:2, eff. Aug. 9, 1996

Related materials

Bill relationships

  • 2026 HB1138 amend

    into New Hampshire landfills. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Out-of-State Solid Waste; Limited. Amend RSA 149-M by inserting after section 9 the following new section: 149-M:9-a Out-of-State Solid Waste; Limited. By January 1, 2030, any landfill operator permitted under this chapter on or prior to December 31, 2025, shall acce

  • 2026 HB1141 reference

    except notifications for 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 applicati

  • 2026 HB1141-FN reference

    except notifications for 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 applicati

  • 2026 HB1189 amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1189-FN amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1198 amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1198-FN amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1282 amend

    od waste diversion. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Organic and Food Waste Diversion Commission. Amend RSA 149-M by inserting after section 7 the following new section: 149-M:7-a Organic and Food Waste Diversion Commission. I. There is established a commission to assist the department of environmental services in enacting a

  • 2026 HB1602 amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin

  • 2026 HB1602-FN amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin

  • 2026 HB171 amend · effective 2028-07-01

    . Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Moratorium; Study by the Department of Environmental Services. Amend RSA 149-M by inserting after section 9 the following new section: 149-M:9-a Moratorium on Issuance of Permits for New Landfill. I. Notwithstanding RSA 149-M:9, the department shall not issue any permit to construct or operate

  • 2026 HB1789 amend

    ded producer responsibility. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Extended Producer Responsibility. Amend RSA 149-M by inserting after section 64 the following new subdivision: Extended Producer Responsibility 149-M:65 Definitions. I. "Bio-plastic" means plastic produced from biological sources such as vegetable fats and oils, p

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