Maine § 21-A §1003 Investigations by commission

Maine Statutes

§ 21-A §1003 — Investigations by commission

Maine·Title 21-A ELECTIONS·Ch. 13 CAMPAIGN REPORTS AND FINANCES

1.Investigations. The commission may undertake audits and investigations to determine whether a person has violated this chapter, chapter 14 or the rules of the commission. For this purpose, the commission may subpoena witnesses and records whether located within or without the State and take evidence under oath. A person or entity that fails to obey the lawful subpoena of the commission or to testify before it under oath must be punished by the Superior Court for contempt upon application by the Attorney General on behalf of the commission. The Attorney General may apply on behalf of the commission to the Superior Court or to a court of another state to enforce compliance with a subpoena issued to a nonresident person. Service of any subpoena issued by the commission may be accomplished

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1.
Investigations.
The commission may undertake audits and investigations to determine whether a person has violated this chapter, chapter 14 or the rules of the commission. For this purpose, the commission may subpoena witnesses and records whether located within or without the State and take evidence under oath. A person or entity that fails to obey the lawful subpoena of the commission or to testify before it under oath must be punished by the Superior Court for contempt upon application by the Attorney General on behalf of the commission. The Attorney General may apply on behalf of the commission to the Superior Court or to a court of another state to enforce compliance with a subpoena issued to a nonresident person. Service of any subpoena issued by the commission may be accomplished by:
2.
Investigations requested.
A person may apply in writing to the commission requesting an investigation as described in subsection 1. The commission shall review the application and shall make the investigation if the reasons stated for the request show sufficient grounds for believing that a violation may have occurred.
2-A.
Confidentiality.
3.
State Auditor.
The State Auditor shall assist the commission in making investigations and in other phases of the commission's duties under this chapter, as requested by the commission, and has all necessary powers to carry out these responsibilities.
3-A.
Confidential records.
Investigative working papers of the commission are confidential, except that the commission may disclose them to the subject of the audit or investigation, other entities as necessary for the conduct of an audit or investigation and law enforcement and other agencies for purposes of reporting, investigating or prosecuting a criminal or civil violation. For purposes of this subsection, "investigative working papers" means documents, records and other printed or electronic information in the following limited categories that are acquired, prepared or maintained by the commission during the conduct of an audit, investigation or other enforcement matter:
4.
Attorney General.
Upon the request of the commission, the Attorney General shall aid in any investigation, provide advice, examine any witnesses before the commission or otherwise assist the commission in the performance of its duties. The commission shall refer any apparent violations of this chapter to the Attorney General for prosecution.

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Legislative History

PL 1985, c. 161, §6 (NEW). PL 1989, c. 504, §§1,31 (AMD). PL 1991, c. 839, §1 (AMD). PL 1991, c. 839, §34 (AFF). PL 1999, c. 426, §31 (AMD). PL 2001, c. 237, §1 (AMD). PL 2001, c. 470, §5 (AMD). PL 2001, c. 535, §1 (AMD). PL 2005, c. 301, §5 (AMD). PL 2007, c. 571, §6 (AMD). PL 2009, c. 524, §4 (AMD). PL 2011, c. 389, §§3, 4 (AMD). PL 2013, c. 162, §1 (AMD). PL 2013, c. 470, §1 (AMD). PL 2019, c. 323, §3 (AMD). PL 2023, c. 324, §6 (AMD).