§ 35-7.1-6. Inspection of records, papers, and witness testimony — Investigations and subpoenas.
(a) The chief, in carrying out the duties outlined in this chapter, shall have access
to all records, reports, audits, reviews, papers, books, documents, recommendations,
correspondence, including information relative to the purchase of goods or services
or anticipated purchase of goods or services, from any agent, contractor, or vendor
by any public body, as defined in § 35-7.1-1(f), and any other data and material that is maintained by or available to any public
body regardless of the media in which it is maintained which is in any way related
to the programs and operations with respect to public bodies.
(b) The chief may request information and records, cooperation, and assistance from any
state or local governmental agency as may be necessary for carrying out the chief's
duties and responsibilities. Upon receipt of such request, each person in charge of
the public body shall furnish to the chief, or the chief's authorized agent or representative,
such information and records, cooperation and assistance, including information relative
to the purchase of goods or services or anticipated purchase of goods or services
from any contractor or vendor by any public body, within ten (10) business days of
receipt of the chief's request. If the public body is unable to comply with the request
for records and/or information within (10) business days, the public body must notify
the chief, prior to the expiration of the ten (10) business days, in writing as to
the reason, or reasons, why the request cannot be fulfilled within this time and whether
additional time is necessary.
(c) The chief may initiate and conduct audits, investigations, and compliance reviews
and shall prepare detailed findings, conclusions, and recommendations concerning the
administration of programs or operations, and internal controls over processes of
public bodies.
(d) The chief shall have direct and prompt access to any public body, its agents, officers,
and employees when necessary for any purpose pertaining to the performance of the
chief's duties and responsibilities under this chapter.
(e) In furtherance of carrying out any of the duties of this chapter, the chief may request,
with the written approval of the director of the department of administration and
through an administrative subpoena, the attendance and testimony of witnesses and
the production of books, records, and other evidence relevant to an active fraud investigation
as described in this chapter. The subpoena shall specify the time, date, and place
where the witness is to respond. Within twenty (20) days after the service of the
subpoena or at any time before the return date specified in the subpoena, whichever
period is shorter, the person served may file in a state superior court and serve
upon the unit and the attorney general a civil petition for an order of the court
modifying or setting aside the subpoena. The petition shall specify each ground upon
which the petitioner is seeking relief. If a person neglects or refuses to comply
with any request to provide testimony or produce books, records, and other evidence
relevant to an investigation, the office of internal audit and program integrity or
the attorney general may petition the superior court for an order compelling the person
to answer the request. Books, records, and other evidence obtained through an administrative
subpoena that are not used in a court proceeding shall be destroyed as soon as practicable.