(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) b
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(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.