2015 New Hampshire Revised Statutes
Title XXXI - TRADE AND COMMERCE
Chapter 356 - COMBINATIONS AND MONOPOLIES
Section 356:10 - Official Investigation.
356:10 Official Investigation.
I. The attorney general shall have the power to examine witnesses and documents for the purpose of enforcing the provisions of this chapter.
II. If the attorney general believes a person under investigation for violation of the provisions of this chapter 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 in the form of a subpoena or subpoena duces tecum to appear and be examined under oath and to produce the documents or objects for inspection and copying. 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.
III. Any subpoena issued pursuant to this chapter shall:
(a) Describe the nature of the conduct constituting the violation under investigation;
(b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified;
(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;
(d) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the documents or objects.
IV. If a person objects to or otherwise fails to comply with the 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. 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 testimony, documents or objects subpoenaed are relevant to the investigation, it shall order the person to appear for testimony or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena the court prescribes.
V. Any procedure, testimony taken or document or object produced under this chapter shall be kept confidential by the attorney general before the institution against the person of an action brought under this chapter for the violation under investigation unless confidentiality is waived by the person or disclosure is authorized by the superior court.
VI. In any investigation authorized under this section, the attorney general shall have the authority to engage the services of consultants, experts, accountants, economists, analysts, and other assistants. When the investigation constitutes the review of a proposed merger of 2 or more entities and is conducted prior to the merger, the reasonable expenses related to these assistants shall be a direct charge to the parties proposing the merger. In any action to enforce this chapter pursuant to RSA 356:4-a, the expenses related to these assistants shall be added to the reasonable costs of the enforcement action and shall be recoverable as set out in RSA 356:4-b.
Source. 1973, 434:2, eff. Aug. 29, 1973. 2014, 64:1, eff. July 26, 2014.
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