§ 40-12-112 — Investigative powers of enforcing authority

Wyoming § 40-12-112

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 1: IN GENERAL

Text

(a) If, by inquiry by the enforcing authority or as a
result of complaints, the enforcing authority has probable cause
to believe that a person has engaged in, or is engaging in, an
act or practice that violates this act, investigators designated
by the Wyoming attorney general may administer oaths and
affirmations, subpoena witnesses or matter, and collect
evidence. Within five (5) days, excluding weekends and legal
holidays, after the service of a subpoena or at any time before
the return date specified therein, whichever is longer, the
party served may file in the district court in the county in
which the party resides or in which the party transacts
business, or in the district court for the first judicial
district of Wyoming, and serve upon the enforcing authority a
petition for an order modifying or setting aside the subpoena.
The petitioner may raise any objection or privilege which would
be available under this act or upon service of a subpoena in a
civil action. The subpoena shall inform the party served of the
party's rights under this subsection.
(b) If matter that the enforcing authority seeks to obtain
by subpoena is located outside the state, the person subpoenaed
may make it available to the enforcing authority to examine the
matter at the place where it is located. The enforcing
authority may designate representatives, including officials of
the state in which the matter is located, to inspect the matter
on its behalf, and the enforcing authority may respond to
similar requests from officials of other states.
(c) Upon failure of a person without lawful excuse to obey
a subpoena and upon reasonable notice to all persons affected,
the enforcing authority may apply to the district court for an
order compelling compliance.
(d) The enforcing authority may request that an individual
who refuses to comply with a subpoena on the ground that
testimony or matter may incriminate the individual, be ordered
by the court to provide the testimony or matter. Except in 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 so provided, or
evidence derived therefrom, received against the individual in
any criminal investigation or proceeding.
(e) Any person upon whom a subpoena is served pursuant to
this section shall comply with the terms thereof unless
otherwise provided by order of the court. 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
or destroys, or by any other means falsifies any documentary
material in the possession, custody or control of any person
subject to the subpoena, or knowingly conceals any relevant
information with the intent to avoid, evade or prevent
compliance is liable for a civil penalty of not more than five
thousand dollars ($5,000.00), reasonable attorney's fees and
costs.
(f) Whenever criminal or civil intelligence, investigative
information or any other information held by any state or
federal agency is available to the enforcing authority on a
confidential or a similarly restricted basis, the enforcing
authority, in the course of the investigation of any violation
of this act, may obtain and use the information. Any
intelligence or investigative information that is confidential
or exempt under W.S. 16-4-201 through 16-4-205 retains its
status as confidential or exempt.