2021 Wyoming Statutes
Title 40 - Trade and Commerce
Chapter 4 - Discrimination
Section 40-4-114.1 - Civil Investigations by the Attorney General.

40-4-114.1. Civil investigations by the attorney general.

(a) Whenever the attorney general has probable cause to believe that any person, firm, corporation or other entity, whether foreign or domestic, has engaged in or is engaging in a violation of any provision of this act or of any provision of federal antitrust law that may be enforced by the attorney general, the attorney general may initiate an investigation. As part of any investigation under this section, the attorney general may administer oaths and affirmations, subpoena witnesses, documents or other matters, propound interrogatories to be answered in writing under oath and collect evidence. Any interrogatory or subpoena served under this subsection shall inform the party served of the right to file a petition as provided by subsection (b) of this section.

(b) Not later than five (5) business days after the service of any interrogatory or subpoena or at any time before the return date specified in the interrogatory or subpoena, the party served under this section may file in the district court in the county in which the party resides, the district court in the county where the party transacts business or the district court in Laramie county a petition for an order modifying or setting aside the interrogatory or subpoena. Any petition filed under this subsection shall be served upon the attorney general. The petitioner may raise any objection or privilege that would be available under this act or upon service of a subpoena in a civil action.

(c) If any matter that the attorney general seeks to obtain by subpoena is not located within Wyoming and is not reducible to electronic reproduction and transmission, the party subpoenaed may make the matter available to the attorney general 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 the attorney general's behalf. The attorney general may respond to similar requests from officials of other states and may inspect a matter on their behalf.

(d) The attorney general may apply to the district court for an order compelling compliance of any party who fails to obey a subpoena or answer an interrogatory issued under this section without lawful excuse and upon reasonable notice to all persons affected by the subpoena or interrogatory.

(e) The attorney general may request that an individual who refuses to comply with a subpoena or answer an interrogatory on the grounds that the testimony or matter may incriminate the individual be ordered by the court to provide the testimony or matter. Except for a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination to which the individual is entitled by law shall not have the testimony or matter provided, or evidence derived therefrom, or received against the individual used in any criminal investigation or proceeding.

(f) Any person, firm, corporation or other entity, whether foreign or domestic, upon whom an interrogatory or subpoena is served pursuant to this section shall comply with the terms of the interrogatory or subpoena unless otherwise provided by this section or by order of the district court.

(g) Any person who fails to appear with the intent to avoid, evade or prevent compliance, in whole or in part, with any investigation under this act or who removes from any place, conceals, withholds, mutilates, alters, destroys or by any other means falsifies any matter or documentary material in the possession, custody or control of any person subject to the request or subpoena, or who knowingly conceals any relevant information with the intent to avoid, evade or prevent compliance shall be liable for a civil penalty as provided in this subsection. The attorney general may, upon petition to the court, recover a civil penalty not to exceed twenty-five thousand dollars ($25,000.00). If civil penalties are assessed in or as the result of any litigation, the attorney general is entitled to reasonable attorney fees and costs.

(h) Whenever criminal or civil intelligence, records of investigations, investigative information or any other information held by any state or federal agency is available to the attorney general on a confidential or restricted basis, the attorney general may obtain and use the information unless otherwise prohibited by law. Any records of investigations or intelligence or investigative information that are exempt from disclosure under the Public Records Act shall remain confidential and exempt from disclosure under that act.

(j) Any written response, testimony or document obtained by the attorney general under this section or any information derived directly or indirectly from any written response, testimony or document obtained by the attorney general shall be deemed records of investigations and shall be exempt from disclosure under the Public Records Act.