West Virginia Code § 9-7-3

Investigations; procedure
Open in Lexace · Ask the AI about this section
(a) When the unit has credible information that indicates a person has engaged in an act or
activity which is subject to prosecution under this article, the unit may make an investigation
to determine if the act has been committed and, to the extent necessary for such purpose,
the Attorney General, or an employee of the unit designated by the Attorney General, may
administer oaths or affirmations and issue subpoenas for witnesses and doceuments relevant
to the investigation, including information concerning the existence, description, nature,
custody, condition, and location of any book, record, documents, or othrer tangible thing and
the identity and location of persons having knowledge of relevant facts or any matter
reasonably calculated to lead to the discovery of admissible evidence.
When the unit has probable cause to believe that a person htas engaged in an act or activity
which is subject to prosecution under this article, or §61-2-29 of this code, either before,
during, or after an investigation pursuant to this section, the Attorney General, or an
employee of the unit designated by the Attorney General, may request search warrants and
present and swear or affirm criminal complaints.
(b) If documents necessary to an investigation of the unit shall appear to be located outside
the state, the documents shall be made available by the person or entity within the
jurisdiction of the state having contrgol over the documents either at a convenient location
within the state or, upon payment of reasonable and necessary expenses to the unit for
transportation and inspection,e at the place outside the state where the documents are
maintained.
(c) Upon failure of a person to comply with a subpoena or subpoena duces tecum or failure
of a person to give testimony without lawful excuse and upon reasonable notice to all
persons affected thereby, the unit may apply to the circuit court of the county in which
compliance is sought for appropriate orders to compel obedience with the provisions of this
section.
(d) The unit shall not make public the name or identity of a person whose acts or conduct is
investigated pursuant to this section or the facts disclosed in such investigation except as
the same may be used in any legal action or enforcement proceeding brought pursuant to
this article or any other provision of this code.
(e) The Secretary Department of Human Services shall fully cooperate with the Office of the
Attorney General on any investigation, prosecution, or civil action conducted pursuant to this
article. The secretary shall promptly provide the Attorney General with any information or
document requested for the purposes of carrying out this article, to the extent permitted
under federal law.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.