Georgia § 10-1-404 - Attorney General's subpoena and hearing powers; procedural rules; court enforcement orders; self-incrimination; confidentiality.

§ 10-1-404. Attorney General's subpoena and hearing powers; procedural rules; court enforcement orders; self-incrimination; confidentiality.

To carry out the duties prescribed by Code Sections 10-1-394, 10-1-395, 10-1-397, 10-1-398, and 10-1-403, the Attorney General, in addition to other powers conferred upon him or her by this part, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms, and promulgate such procedural rules and regulations as may be necessary, which procedural rules and regulations shall have the force of law. The recipient of an investigative demand or subpoena may file an objection with the Attorney General within the reasonable time allotted for responding on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person. Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the Attorney General may apply to a superior court having jurisdiction for an order compelling compliance. The court may issue an order directing compliance with the original demand or subpoena or modifying or setting aside such demand or subpoena based on any objection that was raised before the Attorney General. The Attorney General may request that a natural person who refuses to testify or to produce relevant matter on the ground that the testimonial matter may incriminate him be ordered by the court to provide the testimonial matter. With the exception of a prosecution for perjury and an action under Code Section 10-1-397, 10-1-398, 10-1-399, or 10-1-405, a natural person who complies with the court order to provide a testimonial matter after asserting a privilege against self-incrimination to which he is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise. Information obtained pursuant to investigative demands, subpoenas, oaths, affirmations, or hearings enforced by this part shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the Attorney General or his or her employees beyond the extent necessary for the enforcement of this part. The Attorney General or his or her employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this part which is sought pursuant to an investigative demand or subpoena by such agency. State or local law enforcement agencies shall be authorized to provide any information to the Attorney General when the Attorney General issues an investigative demand or subpoena for such information. (Ga. L. 1975, p. 376, § 14; Ga. L. 1984, p. 441, § 1; Ga. L. 1988, p. 1659, § 5; Ga. L. 2015, p. 1088, § 2/SB 148.) The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section; substituted "him or her by this part, may issue" for "him by this part, may, with the consent of the Attorney General, issue" in subsection (a); in subsection (b), added the present first sentence, deleted the former second sentence, which read: "Such person may object to the investigative demand or subpoena on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person.", and, in the fourth sentence, deleted "modifying or setting aside such demand or subpoena or" following "an order" and inserted "or modifying or setting aside such demand or subpoena based on any objection that was raised before the Attorney General"; in subsection (d), inserted "or her" in paragraph (d)(1), and, in paragraph (d)(2), in the first sentence, inserted "or her" and substituted "sought pursuant to an investigative demand or subpoena" for "subpoenaed".