HF 3330

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the attorney general; modifying the attorney general's power to
investigate in certain situations; amending Minnesota Statutes 2004, section
8.31, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 8.31, subdivision 2, is amended to read:

Subd. 2.

Attorney general to assist in discovery and punishment of illegal
practices.

new text begin (a) new text end When the attorney general has information providing a reasonable ground
to believe that any person has violated, or is about to violate, any of the laws of this state
referred to in subdivision 1, the attorney general shall have power to investigate those
violations, or suspected violations, and to take such steps as are necessary to cause the
arrest and prosecution of all persons violating any of the statutes specifically mentioned
in subdivision 1 or any other laws respecting unfair, discriminatory, or other unlawful
practices in business, commerce, or trade. In connection with investigation under this
section new text begin in cases where a civil action has not been commenced new text end the attorney general deleted text begin upon
specifying the nature of the violation or suspected violation deleted text end may obtain discovery from
any person regarding any matter, fact or circumstance, not privileged, which is relevant to
the subject matter involved in the pending investigation, in accordance with the provisions
of this subdivision deleted text begin . The discovery may be obtained without commencement of a civil
action and without leave of court, except as expressly required by the provisions of
subdivision 2a. deleted text end new text begin only after obtaining approval of the district court pursuant to paragraph
(b). new text end The applicable protective provisions of rules 26.02, 26.03, and 30.04 of the Rules of
Civil Procedure for the district courts shall apply to any discovery procedures instituted
pursuant to this section. The attorney general or any person to whom discovery is directed
may apply to and obtain leave of the district court in order to reduce or extend the time
requirements of this subdivision, and upon a showing of good cause the district court shall
order such a reduction or extension. In order to obtain discovery, the attorney general may:

deleted text begin (a) deleted text end new text begin (1) new text end serve written interrogatories on any person. Within 20 days after service of
interrogatories, separate written answers and objections to each interrogatory shall be
mailed to the attorney general deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end upon reasonable written notice of no less than 15 days, require any person
to produce for inspection and copying any documents, papers, books, accounts, letters,
photographs, objects, or tangible things which are in the possession, custody, or control
of that person deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin (c) deleted text end new text begin (3) new text end upon reasonable written notice of no less than 15 days, take the testimony of
any person by deposition as to any fact or opinion relevant to the subject matter involved
in the pending investigation.

For the purposes of this subdivision the term "person" has the meaning specified
in section 325F.68.

new text begin (b) The attorney general shall present to the district court all evidence that provides
the attorney general with a reasonable ground to believe that any person has violated, or is
about to violate, any laws of this state referred to in subdivision 1. Unless the court finds
that doing so would be contrary to the interests of justice, the court shall allow the person
who is the subject of the investigation an opportunity to: (1) review the evidence that is
being used by the attorney general to justify the request for court approval; and (2) be
heard on the matter before the court decides to grant or withhold its approval.
new text end