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§ 2-9-1-13  CIVIL INVESTIGATIVE DEMAND.
   (A)   Whenever the City Attorney believes that any person may be in possession, custody, or control of any document that the City Attorney believes to be relevant to the investigation of a probable violation of the anti- price gouging ordinance, the City Attorney may execute in writing and cause to be served upon the person a civil investigative demand. A "document" includes, but is not limited to, an original or copy of any book, record, recording, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or any other tangible or electronic document or recording.
   (B)   At the City Attorney's sole discretion, the City Attorney may serve a civil investigative demand prior to issuance of a warning letter or notice of violation, in conjunction with issuance of a warning letter or notice of violation, or prior to the institution of a civil proceeding.
   (C)   A civil investigative demand requires the person to produce documentary or electronic material and permit the inspection and copying of the material. The demand of the City Attorney shall not be a matter of public record and shall not be published except by order of the court.
   (D)   Each demand shall:
      (1)   State the general subject matter of the investigation;
      (2)   Describe the classes of documentary and electronic material to be produced with reasonable certainty;
      (3)   Prescribe the return date within which the documentary and electronic material is to be produced, which in no case shall be less than ten days after the date of service; and
      (4)   Identify the members of the City Attorney's staff to whom such documentary and electronic material is to be made available for inspection and copying.
   (E)   No demand shall:
      (1)   Contain any requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state;
      (2)   Require the disclosure of any documentary or electronic material that would be privileged, or that for any other reason would not be required by a subpoena duces tecum issued by a court of this state; or
      (3)   Require the removal of any documentary or electronic material from the custody of the person upon whom the demand is served except in accordance with the provisions of subsection (E).
   (F)   Service of demand may be made by:
      (1)   Delivering a duly executed copy thereof to the person to be served, or if the person is not a natural person, to the statutory agent for the person or to any officer of the person to be served;
      (2)   Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or
      (3)   Mailing by registered or certified mall a duly executed copy of the demand addressed to the person to be served at their principal place of business in this state, or, if the person has no place of business in this state, to their principal office or place of business.
   (G)   Documentary and electronic material demanded pursuant to the provisions of this § 2-9-1-13 shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served or may be inspected and copied at such other times and places as may be agreed upon by the person served and the City Attorney.
   (H)   No documentary or electronic material produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by the district court in the county in which the person resides or has his principal place of business, or is about to perform or is performing the trade or commerce method, act, or practice that is alleged to be unlawful under the anti-price gouging ordinance, for good cause shown, be produced for inspection or copying by anyone other than an authorized employee of the City Attorney, nor shall the contents thereof be disclosed to anyone other than an authorized employee of the City Attorney, or in court in an action relating to a violation of the anti-price gouging ordinance.
   (I)   At any time before the return date of the demand, a petition to set aside the demand, modify the demand, or extend the return date thereon may be filed in the district court in the county in which the person resides or has their principal place of business, or is about to perform or is performing the trade or commerce method, act, or practice that is alleged to be unlawful under the anti-price gouging ordinance, and the court upon a showing of good cause may set aside the demand, modify it, or extend the return date of the demand.
   (J)   After service of the investigative demand upon them, if any person neglects or refuses to comply with the demand, the City Attorney may invoke the aid of the court in the enforcement of the demand. In appropriate cases, the court shall issue its order requiring the person to appear and produce the documentary and electronic material required in the demand and may upon failure of the person to comply with the order punish the person for contempt.
   (K)   This section shall not be applicable to criminal prosecutions.
(Ord. 2020-020)