Administrative Code

Virginia Administrative Code
Title 1. Administration
Agency 45. Department of Law
1/19/2020

Chapter 10. Regulations Governing Disclosure of CID (Civil Investigative Demand)

1VAC45-10-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Law-enforcement authority" means any public official, and his designees, (i) representing the Commonwealth, which includes its political subdivisions and its public agencies, and (ii) empowered to bring civil actions to enforce the Virginia Antitrust Act, Virginia Consumer Protection Act, Virginia Telephone Privacy Protection Act, or the Solicitation of Contributions law.

"Material" means any information taken, furnished, received, examined, or copied pursuant to civil investigative demands issued by the Attorney General pursuant to the Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Protection Act, or the Solicitation of Contributions law, including, but not limited to, names, testimony, documents, or answers to interrogatories.

"Person" means any natural person, corporation, trust, partnership, association, company, or any other legal entity.

"Solicitation of Contributions law" means Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia.

"Virginia Antitrust Act" means Chapter 1.1 (§ 59.1-9.1 et seq.) of Title 59.1 of the Code of Virginia.

"Virginia Consumer Protection Act" means Chapter 17 (§ 59.1-196 et seq.) of Title 59.1 of the Code of Virginia.

"Virginia Telephone Privacy Protection Act" means Chapter 44 (§ 59.1-510 et seq.) of Title 59 of the Code of Virginia.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 1, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-20. (Repealed.)

Historical Notes

Derived from VR145-00-01 § 2, eff. August 27, 1981; repealed, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-30. Applicability.

This chapter shall apply to all law-enforcement authorities that request material from the Attorney General. This chapter shall not apply to federal law-enforcement authorities.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 3, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-40. Procedure for making material available.

Any law-enforcement authority may request material from the Attorney General. The request shall be in writing. The request shall state with reasonable specificity the material desired, subject matter of the investigation for which material is desired, and the specific statute that the authority is empowered to enforce under which the investigation is being conducted. All requests shall be directed to the Attorney General and signed by the chief officer of the law-enforcement authority. All requests for material shall recite that the law-enforcement authority acknowledges that, when provided, the material shall be used exclusively as delineated by statute and by this chapter. The request for material shall further include an affirmative showing, to the satisfaction of the Attorney General, that the law-enforcement authority is subject to confidentiality requirements similar to the confidentiality requirements of subsection N of § 59.1-9.10 of the Code of Virginia.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 4, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-50. Responses to requests for material.

Within seven days of receipt of a request for material, the Attorney General, in his discretion, shall inform the chief officer of the law-enforcement authority (i) of his refusal to disclose any material; (ii) that no such material exists; (iii) that all or part of the material shall be made available, at the discretion of the Attorney General, for examination at the Office of the Attorney General; or (iv) that all or part of the material shall be made available, at the discretion of the Attorney General, for copying at the Office of the Attorney General. If option (iii) or (iv) is exercised, it shall be so exercised within 21 days of the receipt of the request.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 5, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-60. Designation of person to receive materials.

The law-enforcement authority to which material is provided pursuant to this chapter shall designate one person to receive and act as custodian of such material. The person so designated shall be solely responsible for the material and shall certify that the material is used exclusively as provided by statute and in this chapter.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 6, eff. August 27, 1981.

1VAC45-10-70. Restrictions on use.

The law-enforcement authority and its custodian in receipt of material shall strictly maintain the confidentiality of the material. The law-enforcement authority shall use material provided pursuant to this chapter to conduct an investigation into violations of the Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Protection Act, and the Solicitation of Contributions law or to conduct any litigation related to such violations. Nothing in this section shall preclude the use of the materials provided by this chapter before a court of law except as may otherwise be precluded by law.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 7, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-80. Restrictions on disclosure.

The law-enforcement authority and its custodian in receipt of materials shall not release material provided pursuant to this chapter, either directly or indirectly, to any person not employed by or assigned to the law-enforcement authority for purposes of enforcement of the Virginia Antitrust Act, the Virginia Consumer Protection Act, the Virginia Telephone Privacy Act, or the Solicitation of Contributions law, nor to any other law-enforcement authority.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 8, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-90. Future regulations.

The law-enforcement authority and its custodian in receipt of materials shall be bound to abide by any further regulations promulgated by the Attorney General pertaining to the safekeeping and custody of such material.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 9, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.

1VAC45-10-100. Penalties.

Any law-enforcement authority found to have used material provided by the Attorney General in a manner inconsistent with this chapter shall be required to immediately return all material provided, as well as copies thereof, and information derived therefrom. The Attorney General may also suspend for a definite period the law-enforcement authority from receiving additional material pursuant to this chapter.

Statutory Authority

§ 59.1-9.10 of the Code of Virginia.

Historical Notes

Derived from VR145-00-01 § 10, eff. August 27, 1981; amended, Virginia Register Volume 32, Issue 2, eff. November 5, 2015.



Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.