2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:13 - Official Investigation.

149-M:13 Official Investigation. –
I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter.
II. If, during the course of any investigation under this chapter, the attorney general believes a person may have information or be in possession, custody, or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand for information, a subpoena to appear and be examined under oath, or a subpoena duces tecum to appear and produce the documents or objects for inspection and copying. A written demand for information may be mailed to the person believed to have such information. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated in such subpoena to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury.
III. Any subpoena issued pursuant to this chapter shall:
(a) Describe the nature of the investigation.
(b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified.
(c) Prescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with the subpoena may be filed with the attorney general on or before that date.
(d) Specify a place for the taking of testimony or for the production of documents or objects and designate a person who shall be custodian of the documents or objects.
IV. A written demand for information issued pursuant to this chapter shall:
(a) Describe the nature of the investigation.
(b) Describe the information sought in connection with that investigation.
(c) Prescribe a reasonable time for complying with the information demand, and advise the person that objections to or reasons for not complying with the information demand may be filed with the attorney general on or before that date.
V. If a person objects to or fails to comply with the information demand, subpoena, or subpoena duces tecum served upon the person under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains the principal place of business or, if the person is a nonresident and has no principal place of business in this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena or information demand. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter, and that the information, testimony, documents, or objects sought are relevant to the investigation, it shall order the person to provide the information, to appear for testimony, or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena or information demand the court prescribes.
Source.
1996, 251:2, eff. Aug. 9, 1996.