37-1-11. Criminal proceedings instituted by attorney general.

The provisions of § 37-1-10 shall not be construed in any manner to prevent the attorney general of this state from making a complaint in any court of competent jurisdiction for any violation of the provisions of this chapter and prosecuting the same in the same manner and with the same powers as therein provided for state's attorneys.

Source: SDC 1939, § 13.1807.

37-1-11.1. Demand by attorney general to produce evidence relating to violations--Service--Contents.

If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any action in circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:

(1)    Be served upon the person in the manner required for service of process in this State or by registered or certified mail;

(2)    Describe the nature of the conduct constituting the violation under investigation;

(3)    Describe the class or classes of documents or objects with sufficient definiteness to permit it to be fairly identified;

(4)    Contain a copy of the written interrogatories;

(5)    Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories, and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time;

(6)    Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and

(7)    Contain a copy of § 37-1-11.2.

Source: SL 1977, ch 305, § 6.

37-1-11.2. Petition for enforcement of attorney general's demand--Court order--Protective provisions.

If a person objects to or otherwise fails to comply with the written demand served upon him under § 37-1-11.1 the attorney general may file in the circuit court of the county in which the person resides or in which he maintains a principal place of business within this state petition for an order to enforce the demand. Notice of hearing the petition and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds that the demand is proper, there is reasonable cause to believe there may have been a violation of this chapter, and the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand subject to modification the court may prescribe. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.

Source: SL 1977, ch 305, § 7.

37-1-11.3. Confidentiality of evidence produced on demand--Waiver.

Any procedure, testimony taken, or material produced under §§ 37-1-11.1 and 37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and during the action, against a person under this chapter for the violation under investigation, unless confidentiality is waived in writing by the person being investigated and the person who has testified, answered interrogatories, or produced material, or disclosure is authorized by the court.

Source: SL 1977, ch 305, § 8.

37-1-11.4. Self-incriminating evidence required on promise of immunity.

If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under § 37-1-11.1 on the ground of the privilege against self-incrimination, the testimony, answer to interrogatory or production of document may be compelled in accordance with § 23A-14-29.

Source: SL 1985, ch 196, § 2.