Evans v. State

963 P.2d 177, 346 Utah Adv. Rep. 3, 1998 Utah LEXIS 37, 1998 WL 327681
CourtUtah Supreme Court
DecidedJune 23, 1998
Docket970146
StatusPublished
Cited by68 cases

This text of 963 P.2d 177 (Evans v. State) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. State, 963 P.2d 177, 346 Utah Adv. Rep. 3, 1998 Utah LEXIS 37, 1998 WL 327681 (Utah 1998).

Opinion

RUSSON, Justice:

INTRODUCTION

The State appeals a district court order granting petitions to quash antitrust civil investigative demands the State issued to Joseph Evans, Steven Evans, Evans Broadcasting, Inc., and Country Gold Broadcasting, Inc. The State sought information relating to possible antitrust violations between radio stations in the Uintah Basin; however, the district court ruled that the State had not met its burden under Utah Code Ann. § 76-10 — 917(7)(b)(ii) to maintain an investigation and that the radio stations were exempt from investigation under section 76-10-915(l)(a). We reverse and remand.

BACKGROUND

In 1996, a merchant in the Uintah Basin contacted the Antitrust Division of the Utah *179 Attorney General’s office (“Division”) and complained of possible collusion in the pricing of radio station advertising in the Vernal and Roosevelt radio markets. The merchant had compared advertising rates in the area and informed the Division that the rates charged by the radio stations in Vernal were identical to those in Roosevelt. The merchant also reported that he had been offered a discount on advertising rates if he would advertise on radio stations in both cities.

The Division conducted a preliminary investigation into the merchant’s allegations and found that there are only four radio stations in the Uintah Basin — two stations are located in Roosevelt, and two are located in Vernal. The two radio stations in Roosevelt, KNEU and KFIX, are both owned by Evans Broadcasting, Inc., and Country Gold Broadcasting, Inc. Joseph Evans, the owner of these corporations, manages KNEU and KFIX. The radio stations in Vernal, KVEL and KLCY, are owned by Ashley Communications, Inc., which is owned by James Davis. 1 Joseph Evans’ son, Steven Evans, is the general manager of KVEL and KLCY. The real estate and buildings where the Vernal radio stations are located are owned by DEE Properties, L.L.C., a limited liability corporation with six members: James Davis, Steven Evans, Joseph Evans, and their wives.

The four radio stations operate under licenses granted by the Federal Communications Commission (FCC) as required by the FCC for lawful operation. The FCC does not actively regulate prices charged by radio stations for advertising.

In December 1996, pursuant to Utah Code Ann. § 76-10-917, the Division issued civil investigative demands (CIDs) to Steven Evans, Joseph Evans, Evans Broadcasting, Inc., and Country Gold Broadcasting, Inc. The CIDs requested testimony and documents related to the advertising prices and collusion among the four radio stations.

Plaintiffs filed separate petitions to quash the CIDs, and the district court consolidated the petitions at a hearing on February 14, 1997. In granting the petitions, the court concluded that (1) the State failed to meet its burden to show that it had “reasonable cause” to believe a violation had occurred under Utah Code Ann. § 76 — 10—917(7)(b)(ii), and (2) the radio stations were exempt from investigation under Utah Code Ann. § 76-10-915(l)(a) because they are “subject to regulation” by the FCC.

On appeal, the State raises the following two arguments: first, the court incorrectly applied a “probable cause” standard and therefore incorrectly ruled that the State had not met its statutory burden, and second, the court erred in finding that plaintiffs’ activities are exempt from the Act.

STANDARD OF REVIEW

We are asked to review whether the district court erred in ruling that the State had not met its statutory burden of showing “reasonable cause” to believe a civil antitrust violation had occurred. This is a question of first impression. However, we believe the standard of review is similar to the standard we apply in the area of criminal law regarding similar questions.

We have stated that “ ‘a trial court determination of whether a specific set of facts gives rise to reasonable suspicion is a determination of law and is reviewable nondefer-entially for correctness.’ ” State v. Hodson, 907 P.2d 1156, 1157 (Utah 1995) (quoting State v. Pena, 869 P.2d 932, 939 (Utah 1994)). Nevertheless, because the legal standard for “reasonable suspicion” and “probable cause” is highly fact dependent, we have afforded a “measure of discretion” to such determinations. Id.; State v. Poole, 871 P.2d 531, 533 (Utah 1994). Therefore, we will review the district court’s decision for correctness while affording a “measure of discretion” to that court in our application of the correctness standard to a given set of facts. Id.

However, the court’s ruling that plaintiffs’ activities are exempt from the Act is a matter of statutory interpretation, which involves a question of law. We will therefore review that ruling for correctness without deference. S.H. v. Bistryski, 923 P.2d 1376, 1379 (Utah 1996).

*180 ANALYSIS

I. THE “REASONABLE CAUSE” STANDARD UNDER UTAH CODE ANN. § 76-10-917

The first issue we must decide is whether the district court correctly determined that the State had not met its burden of showing that it was justified in issuing the CIDs. The Utah Antitrust Act authorizes the attorney general to issue CIDs “[wjhen the attorney general has reasonable cause to believe that any person may be in possession, custody or control of any information relevant to a civil antitrust investigation.” Utah Code Ann. § 76-10-917(1) (1995) (emphasis added). If the CID recipient fails to comply with the demand, the attorney general may file a petition for an order compelling compliance with the demand. Id. § 76-10-917(7)(a). Thereafter, the court must hold a hearing at which the attorney general has the burden of establishing “that the demand is proper, that there is reasonable cause to believe that there has been a violation of this act, and that the information sought or document or object demanded is relevant to the violation.” Id. § 76 — 10—917(7)(b)(ii) (emphasis added).

Initially, the State asserts that the court incorrectly relied on a “probable cause” standard rather than on the significantly lower “reasonable cause” standard and therefore erred in ruling that the State had not met its statutory burden. To support its claim, the State relies on the record from the hearing, in which the court made repeated references to probable cause.

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Bluebook (online)
963 P.2d 177, 346 Utah Adv. Rep. 3, 1998 Utah LEXIS 37, 1998 WL 327681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-utah-1998.