51-08.1-06. Official investigation
1. If the attorney general has reasonable cause to believe that a person has information
or is in possession, custody, or control of any document or other tangible object
relevant to an investigation for violation of this chapter, the attorney general may serve
upon the person, before bringing any action in the district court, a written demand to
appear and be examined under oath, to answer written interrogatories under oath, and
to produce the document or object for inspection and copying. The demand must:
a. Be served upon the person in the manner required for service of process in this
state;
b. Describe the nature of the conduct constituting the violation under investigation;
c. Describe the document or object with sufficient definiteness to permit it to be fairly
identified;
d. Contain a copy of the written interrogatories;
e. Prescribe a reasonable time at which the person must appear to testify, within
which to answer the written interrogatories, and within which the document or
object must be produced, and advise the person that a reasonable opportunity
will be afforded for examination and notation of corrections upon any transcript of
an oral examination, that a copy of one's own transcript can be obtained upon
payment of reasonable charges, and that objections to or reasons for not
complying with the demand may be filed with the attorney general at or before the
designated time;
f. Specify a place for the taking of testimony or for production and designate a
person who shall be custodian of the document or object; and
g. Contain a copy of subsection 2.
2. If a person objects to or otherwise fails to comply with the written demand served upon
that person under subsection 1, the attorney general may file in the district court of the
county in which the person resides, or in which the person maintains a principal place
of business within this state, a petition for an order to enforce the demand. Notice of
hearing the petition and a copy of the petition must be served upon the person, who
may appear in opposition to the petition. If the court finds that the demand is proper,
there is reasonable cause to believe there has been a violation of this chapter, and the
information sought or document or object demanded is relevant to the violation, it shall
order the person to comply with the demand, subject to modification the court may
prescribe. Upon motion by the person and for good cause shown, the court may make
any further order in the proceedings that justice requires to protect the person from
unreasonable annoyance, embarrassment, oppression, burden, or expense.
3. Any procedure, testimony taken, or material produced under this section must be kept
confidential by the attorney general before bringing an action against a person under
this chapter for the violation under investigation, unless confidentiality is waived by the
person being investigated and the person who has testified, answered interrogatories,
or produced material, or disclosure is authorized by the court.
