(a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when he believes it to be in the public interests that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, he may execute in writing and cause to be served upon that person or any other person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish, under oath, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination and copying, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.
(b) At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for a reasonable time or to modify or set aside the demand, stating good cause, may be filed in the court of common pleas where the person served with the demand resides or has his principal place of business or conducts or transacts business. This section shall not be applicable to any criminal proceedings, nor shall any information obtained under the authority of this section or Section 39-5-80 be admissible in evidence in any criminal prosecution.
HISTORY: 1962 Code Section 66-71.6; 1971 (57) 369.
Structure South Carolina Code of Laws
Chapter 5 - Unfair Trade Practices
Section 39-5-10. Short title; definitions.
Section 39-5-35. Requiring certain insurance coverage as unfair trade practice.
Section 39-5-36. Resale of tickets for more than original price.
Section 39-5-39. Attorney advertising in false, deceptive, or misleading manner.
Section 39-5-40. Article inapplicable to certain practices and transactions.
Section 39-5-42. Misrepresenting food or food products as product of South Carolina.
Section 39-5-50. Injunction; orders or judgments to restore property.
Section 39-5-60. Assurance of voluntary compliance with article.
Section 39-5-70. Investigative demand by Attorney General.
Section 39-5-80. Additional powers of Attorney General.
Section 39-5-90. Service of notice, demand, or subpoena.
Section 39-5-110. Civil penalties for willful violation or violations of injunction.
Section 39-5-120. Dissolution, suspension, or forfeiture.
Section 39-5-130. Duty of solicitors, county, and city attorneys.
Section 39-5-140. Actions for damages.
Section 39-5-145. Price gouging during emergency; definitions; penalty; evidence.
Section 39-5-147. Charitable solicitations during emergencies; penalty.
Section 39-5-149. Registration of agent to receive notification of state of emergency.
Section 39-5-150. Limitation of actions.
Section 39-5-160. Article is cumulative.
Section 39-5-170. Vehicle glass repair business; unlawful practices.
Section 39-5-180. Vehicle glass repairs; false claims.
Section 39-5-310. Definitions.
Section 39-5-320. Retail sale by wholesaler at wholesale price is an unfair trade practice.
Section 39-5-330. Retail sale at lower than wholesale price is an unfair trade practice.
Section 39-5-340. Liability of wholesaler.
Section 39-5-510. Definitions.
Section 39-5-520. Blind bidding prohibited; notice of trade screenings required.
Section 39-5-530. Contents of invitation to bid; examination of bids; rebids.
Section 39-5-540. Waiver of blind bidding prohibited.
Section 39-5-550. Applicability.
Section 39-5-710. Short title.