13.1-567 - Investigations; confidentiality of information and documents. - Virginia Statutes

§ 13.1-567. Investigations; confidentiality of information and documents.

The Commission may make such investigations within or outside of thisCommonwealth as it deems necessary to determine whether any person hasviolated the provisions of this chapter or any order or injunction of theCommission, and any franchisor found guilty of such a violation may berequired to pay the actual costs of the investigation including the time ofthe investigator. The Commission shall have power to issue subpoenas andsubpoenas duces tecum to require the attendance of any person and theproduction of any papers for the purposes of such investigation. No personshall be excused from testifying on the ground that his testimony would tendto incriminate him, but if, after asserting his claim to the privilege, he isrequired to testify, he shall not be prosecuted or penalized on account ofany transactions concerning which he does testify.

Information or documents obtained or prepared by any member, subordinate oremployee of the Commission in the course of any examination or investigationconducted pursuant to the provisions of this chapter shall be deemedconfidential and shall not be disclosed to the public; provided, however,that nothing contained herein shall be interpreted to prohibit or limit (i)the publication of the findings, decisions, orders, judgments or opinions ofthe Commission; (ii) the use of any such information or documents inproceedings by or before the Commission or a hearing examiner appointed bythe Commission; (iii) the disclosure of any such information or documents toany quasi-governmental entity substantially associated with the retailfranchising business approved by rule of the Commission; or, (iv) thedisclosure of any such information or documents to any governmental entityapproved by rule of the Commission, or to any attorney for the Commonwealth,or to the Attorney General of Virginia.

(1972, c. 561; 1979, c. 379.)