Sec. 44.23.060. Discovery of information and data from transportation business.

664 words·~3 min read·/ak/title-44/chapter-23/44-23-060·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a hearing or proceeding in which the attorney general appears before a board, court, commission, committee, or officer of the United States involving traffic and commerce or rates of transportation between points in intrastate or interstate transportation, the attorney general may

(1)demand from a person engaged in the transportation business between those points, that information which is

(A)pertinent at the hearing or proceeding; or

(B)necessary to prepare for the defense of the interests of the people of the state at the hearing or proceeding; and

(2)may require by notice in writing that the person furnish for inspection, within a reasonable time, books or other records in the possession of the person showing

(A)the amount of freight and passenger traffic to and from or in the state;

(B)the rates charged on each class of freight or passenger;

(C)the carriage expense;

(D)other expense in aggregate and detail including overhead charges;

(E)the bonded and other indebtedness and interest charges;

(F)the gross capital invested and how invested;

(G)amounts charged off for depreciation;

(H)the gross and net income; and

(I)other data, either in detail or the aggregate, necessary or pertinent in the hearing or proceeding.

(b)If the person does not furnish the data, information, books, or records for inspection by the attorney general within a reasonable time, upon a written demand by the attorney general that specifically sets out the information required, and the reason and need for its use in the hearing or proceeding, the attorney general may present to the judge of a state court a petition in the name of the state for the furnishing of the data, information, books, or records for inspection. The petition must set out the nature of the hearing or proceeding for which the information is required, the necessity or materiality of it, and other facts that are pertinent to showing the court the importance of obtaining the information.

(c)If the court is satisfied that the petition is made in good faith to obtain information necessary or important to the state or its people at the hearing or proceeding designated and that the information can or ought to be supplied to the state, the court shall issue an order directing the person to appear before the court on a certain day and hour to show cause why an order should not issue directing the furnishing of the data, records, or books or part of them as the court considers proper. The order shall be served on the person as other process of the court.

(d)At the time set in the order, or at another time set by the court, the court shall hear and determine the issues formed by the petition and the answer to it, if filed, and shall determine whether

(1)the information or data mentioned in the petition is necessary or important to the state in the hearing in which it is proposed to be used;

(2)it can be obtained; and

(3)the person should produce it or a part of it for the purpose designated.

(e)If the court finds that the information or data is important to the petitioner in preparing for the trial or is necessary or important at the hearing and that it should be furnished the attorney general for preparation for use in or production at the hearing, the court shall enter an order setting out the time within which the information or data shall be furnished or produced for inspection and whether in whole or in part and what part.

(f)If the person does not furnish the attorney general with the information for inspection in the manner and within the time set out in the order, the person is guilty of contempt and is punishable by a fine of not more than $5,000. The fine shall be paid to the state treasury.