(5) All information obtained as the result of a subpoena shall be confidential
to the office of the attorney general or prosecuting attorney. A request for
disclosure by such persons as are authorized access thereto shall be in writing
setting forth the description of the
information sought, the persons to whom it relates, and the use to which it will be
put. The attorney general or prosecuting attorney may decline access upon
determination that disclosure is not in the public interest. Upon a determination that the
information may be disclosed to such authorized persons, the attorney general or
prosecuting attorney may require that the actual costs of reproduction thereof be
the person seeking access. An order of the court
requiring access and disclosure shall be presumed to be in the public interest.
(6) Upon determination by the attorney general that disclosure to an authorized
person is appropriate under the act, the attorney general shall notify the person who
supplied the information or materials pursuant to a subpoena of the identity of the
person seeking the information and materials, and that it shall be disclosed to that
person 10 days from the date of the notice. The notice shall be given by certified
mail, return receipt requested.
(7) Any person compelled to produce documentary material or to testify in
response to a subpoena may retain or, on payment of prescribed costs of copying,
procure a copy of any document submitted by him and of his own testimony as
(8) Any person compelled to appear in person may be accompanied,
represented, and advised by counsel as follows:
(a) The counsel for a person shall file with the attorney general an appearance
setting forth that the attorney is representing that person.
(b) Counsel for a person may advise his client, in confidence and upon the
initiative of either himself or the person, with respect to any question asked of the
person, that the person refuse to answer a question. Then counsel may briefly state on the
record that he has advised the person not to answer the question and the legal
grounds for such refusal.
(c) Where it is claimed that the testimony or other evidence sought from a person is
outside the scope of the subpoena or investigation, or that the person is privileged to
refuse to answer the question or to produce other evidence, counsel for the person may
object on the record to the question or requirement and may state briefly and precisely
the grounds therefor.
(d) Following the completion of an examination of a person, the person may on
the record be given an opportunity to clarify answers which may need clarification,
in order that they may not be left equivocal or incomplete.
(9) For the purposes of conducting an investigation pursuant to section 7 of the act,
an investigative agent of the attorney general is hereby authorized to administer
oaths and affirmations and conduct investigations, including taking of testimony
and receiving documentary material produced by a person.
(10) An "investigative agent" means a regular civil service employee appointed
by the attorney general as an investigator whose duties, functions, and
responsibilities include the investigation of any civil or criminal law.