Virginia Regulatory Town Hall

Proposed Text

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Action:
Amending Civil Investigative Demand Regulations
Stage: Fast-Track
 
1VAC45-10-10

1VAC45-10-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Law-enforcement authority" shall mean any public official, and his designees, (i) representing the Commonwealth, which includes his its political subdivisions or his and its public agencies, and (ii) empowered to bring civil actions to enforce the Commonwealth's antitrust laws regulating commerce in any manner authorized by those laws the Virginia Antitrust Act, Virginia Consumer Protection Act, Virginia Telephone Privacy Protection Act, or the Solicitation of Contributions law.

"Material" shall include, but is not limited to, names, testimony, documents or answers to interrogatories which are means any information taken, furnished, received, examined, or copied pursuant to CIDs civil investigative demands issued by the Attorney General pursuant to the Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Protection Act, or the Solicitation of Contributions law, including, but not limited to, names, testimony, documents, or answers to interrogatories.

"Person" shall mean any natural person, corporation, trust, partnership, proprietorship or association of any type, company, or any other legal entity.

"Solicitation of Contributions law" means Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia.

"Virginia Antitrust Act" means Chapter 1.1 (§ 59.1-9.1 et seq.) of Title 59.1 of the Code of Virginia.

"Virginia Consumer Protection Act" means Chapter 17 (§ 59.1-196 et seq.) of Title 59.1 of the Code of Virginia.

"Virginia Telephone Privacy Protection Act" means Chapter 44 (§ 59.1-510 et seq.) of Title 59 of the Code of Virginia.

1VAC45-10-20

1VAC45-10-20. Purpose and applicability of chapter. (Repealed.)

To provide a regular procedure for the sharing of material between the Attorney General and other law-enforcement authorities of the Commonwealth; to ensure that material furnished is maintained subject to the confidentiality requirements of § 59.1-9.10(n) of the Code of Virginia; to facilitate the investigation of antitrust violations and full enforcement of the law in exercise of the Commonwealth's police power regulating commerce; to create penalties for violation of this chapter.

1VAC45-10-30

1VAC45-10-30. Applicability.

This chapter shall apply to all law-enforcement authorities that request material from the Attorney General which was obtained through CIDs issued pursuant to the Virginia Antitrust Act. This chapter shall not apply to federal law-enforcement authorities.

1VAC45-10-40

1VAC45-10-40. Procedure for making material available.

Any law-enforcement authority may request of material from the Attorney General material obtained directly through CIDs. The request shall be in writing. The request shall state with reasonable specificity the material desired, subject matter of the investigation for which material is desired, and the specific statute police powers of the Commonwealth regulating commerce that the authority is empowered to enforce under which the investigation is being conducted. All requests shall be directed to the Attorney General and signed by the chief officer of the law-enforcement authority. All requests for material shall recite that the law-enforcement authority acknowledges that, when provided, the material shall be used exclusively as delineated by statute and by these regulations this chapter. The request for material shall further include an affirmative showing, to the satisfaction of the Attorney General, that the law-enforcement authority will comply with is subject to confidentiality requirements similar to the confidentiality requirements of § 59.1-10(n) subsection N of § 59.1-9.10 of the Code of Virginia.

1VAC45-10-50

1VAC45-10-50. Responses to requests for material.

Within seven days of receipt of a request for material, the Attorney General, in his discretion, shall inform the chief officer of the law-enforcement authority: (i) of his refusal to disclose any material; or (ii) that no such material exists; or (iii) that all or part of the material shall be made available, at the discretion of the Attorney General, for examination at the Office of the Attorney General; or (iv) that all or part of the material shall be made available, at the discretion of the Attorney General, for copying at the Office of the Attorney General. If option (iii) or (iv) is exercised, it shall be so exercised within 21 days of the receipt of the request.

1VAC45-10-70

1VAC45-10-70. Restrictions on use.

The law-enforcement authority and its custodian in receipt of material shall strictly maintain the confidentiality of CID the material. The law-enforcement authority shall use material provided pursuant to this chapter to conduct an investigation into violations of the Commonwealth's laws regulating commerce and prohibiting restraints on trade Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Protection Act, and the Solicitation of Contributions law or to conduct any litigation related to such violations. Nothing herein in this section shall preclude the use of the materials provided by this chapter before a court of law except as may otherwise be precluded by law.

1VAC45-10-80

1VAC45-10-80. Restrictions on use disclosure.

The law-enforcement authority and its custodian in receipt of materials shall not release material provided pursuant to this chapter, either directly or indirectly, to any person not employed by or assigned to the law-enforcement authority for purposes of enforcement of the antitrust laws, Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Act, or the Solicitation of Contributions law, nor to any other law-enforcement authority.

1VAC45-10-90

1VAC45-10-90. Future regulations.

The law-enforcement authority and its custodian in receipt of materials shall be bound to abide by any further regulations promulgated by the Attorney General pertaining to the safekeeping and custody of civil investigative demands such material.

1VAC45-10-100

1VAC45-10-100. Penalties.

In addition to the criminal penalties enumerated in the Virginia Antitrust Act, when applicable, any Any law-enforcement authority found to have used material provided by the Attorney General in a manner inconsistent with this chapter shall be required to immediately return all materials material provided, as well as copies thereof, and information derived therefrom. The Attorney General may also suspend for a definite period the law-enforcement authority from receiving materials additional material pursuant to this chapter.