Investigations; Demands for Evidence

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Fair Business Practices Act
  7. Investigations; Demands for Evidence

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  1. When it reasonably appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.
  2. If a matter that the Attorney General makes the subject of an investigative demand is located outside the state, the person receiving the investigative demand may either make it available to the Attorney General at a convenient location within this state or pay the reasonable and necessary expenses for the Attorney General or his or her representative to examine the matter at the place where it is located. The Attorney General may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf, and may respond to similar requests from officials of other states.
    1. Each such investigative demand shall state the nature of the conduct constituting the alleged violation of this part which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope, and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction and the person or persons whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available.
    2. No such investigative demand shall:
      1. Contain any requirement which would be held to be unreasonable as contained in a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation; or
      2. Require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation;

        provided, however, that the limitations on the scope of demand contained in this paragraph do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this state, as opposed to the civil provisions of this part.

(Ga. L. 1975, p. 376, § 13; Ga. L. 1988, p. 1659, § 4; Ga. L. 2015, p. 1088, § 2/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section; deleted ", with the consent of the Attorney General," following "he may" near the middle of subsection (a); and substituted "on his or her behalf, and may" for "on his behalf; and he may" in the last sentence of subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Investigative demand, notice of contemplated civil action, combinable.

- Whenever the administrator has reason to believe that any person has violated or is about to violate any provision of the Fair Business Practices Act or any regulations promulgated thereunder, it would be proper for the administrator to issue an investigative demand and notice of contemplated civil action simultaneously under that Act, and such may be included in one document. 1975 Op. Att'y Gen. No. 75-91.

Forwarding of documentary materials by registered mail authorized.

- Administrator would not be acting beyond the scope of the administrator's authority to permit documentary materials to be forwarded to the administrator's office by use of registered mail under the terms of the investigative demand. 1975 Op. Att'y Gen. No. 75-134.

Receipt of documentary materials by administrator's delegate.

- The administrator does not have to be present and personally receive documentary materials required of persons pursuant to the Fair Business Practices Act; the administrator, on the contrary, may authorize a delegate to perform this function for the administrator. 1975 Op. Att'y Gen. No. 75-134.


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