84-213. Attorney General; antitrust matters; investigation; powers; duties; subpoena.

Whenever the Attorney General undertakes any investigation contemplated by section 59-828, 84-211, or 84-212, he or she shall have the authority, prior to commencement of any action, to subpoena witnesses, compel their attendance, examine them under oath, or require the production of any books, documents, records, writings, or tangible things referred to in this section as documentary material, which he or she deems relevant or material to the investigation, for inspection, reproducing, or copying under such terms and conditions as are set forth in this section. Any subpoena issued by the Attorney General shall contain the following information: (1) The section of the statutes the alleged violation of which is under investigation and the general subject matter of the investigation; (2) the date and place at which time the person is required to appear or produce documentary material in his or her possession, custody, or control, which date shall not be less than ten days from the date of service of the subpoena; and (3) a description of any documentary material required by class so as to clearly indicate the material demanded. He or she may require the production of documentary material prior to the taking of any testimony of the person subpoenaed, in which event the documentary material shall be made available for inspection and copying during normal business hours at the principal place of business of the person served or at such other time and place as may be agreed upon by the person served and the Attorney General. When documentary material is demanded by subpoena, the subpoena shall not contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state or require the disclosure of any documentary material which would be privileged or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state. Service of such subpoena shall be in the same manner as subpoenas issued by a court in this state, and service on a corporation may be made on its resident agent. The examination of all witnesses under this section shall be conducted by the Attorney General or by an assistant or special assistant attorney general designated by him or her in writing, and the testimony shall be taken stenographically or by a sound-recording device and shall be transcribed. All persons served with a subpoena by the Attorney General under sections 59-828 and 84-211 to 84-214 shall be paid the same fees as paid witnesses in the courts of this state and mileage as provided in section 81-1176 for state employees, which shall be paid the same as other requests for payment or reimbursement from the state at the time such person appears in response to the subpoena. If a witness served with a subpoena under such sections fails or refuses to obey the same or produce documentary material as required or to give testimony relevant or material to the investigation being conducted, the Attorney General may petition the district court of Lancaster County or the county in which the witness resides for an order requiring the witness to attend and testify or produce the documentary material demanded. Any failure or refusal on the part of the witness to obey such an order of court may be punishable by the court as a contempt thereof. In any investigation brought by the Attorney General pursuant to section 59-828, 84-211, or 84-212, no individual shall be excused from attending, testifying, or producing documentary material, objects, or tangible things in obedience to a subpoena or under order of the court on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to any criminal penalty for or on account of any testimony given by him or her in any investigation brought by the Attorney General pursuant to such sections. No person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under such sections, and no individual so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.

Source:Laws 1974, LB 1028, § 6; Laws 1981, LB 204, § 211; Laws 1988, LB 864, § 66.