Proposed Text
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. 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 (Repealed.)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. 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. 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. 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. 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. 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. 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. 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.