Title 35
Public Finance

Chapter 7.1
The Office of Internal Audit and Program Integrity

§ 35-7.1-6. Inspection of records, papers, and witness testimony — Investigations and subpoenas.

(a) The chief, in carrying out the duties outlined in this chapter, shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence, including information relative to the purchase of goods or services or anticipated purchase of goods or services, from any agent, contractor, or vendor by any public body, as defined in § 35-7.1-1(f), and any other data and material that is maintained by or available to any public body regardless of the media in which it is maintained which is in any way related to the programs and operations with respect to public bodies.

(b) The chief may request information and records, cooperation, and assistance from any state or local governmental agency as may be necessary for carrying out the chief’s duties and responsibilities. Upon receipt of such request, each person in charge of the public body shall furnish to the chief, or the chief’s authorized agent or representative, such information and records, cooperation and assistance, including information relative to the purchase of goods or services or anticipated purchase of goods or services from any contractor or vendor by any public body, within ten (10) business days of receipt of the chief’s request. If the public body is unable to comply with the request for records and/or information within (10) business days, the public body must notify the chief, prior to the expiration of the ten (10) business days, in writing as to the reason, or reasons, why the request cannot be fulfilled within this time and whether additional time is necessary.

(c) The chief may initiate and conduct audits, investigations, and compliance reviews and shall prepare detailed findings, conclusions, and recommendations concerning the administration of programs or operations, and internal controls over processes of public bodies.

(d) The chief shall have direct and prompt access to any public body, its agents, officers, and employees when necessary for any purpose pertaining to the performance of the chief’s duties and responsibilities under this chapter.

(e) In furtherance of carrying out any of the duties of this chapter, the chief may request, with the written approval of the director of the department of administration and through an administrative subpoena, the attendance and testimony of witnesses and the production of books, records, and other evidence relevant to an active fraud investigation as described in this chapter. The subpoena shall specify the time, date, and place where the witness is to respond. Within twenty (20) days after the service of the subpoena or at any time before the return date specified in the subpoena, whichever period is shorter, the person served may file in a state superior court and serve upon the unit and the attorney general a civil petition for an order of the court modifying or setting aside the subpoena. The petition shall specify each ground upon which the petitioner is seeking relief. If a person neglects or refuses to comply with any request to provide testimony or produce books, records, and other evidence relevant to an investigation, the office of internal audit and program integrity or the attorney general may petition the superior court for an order compelling the person to answer the request. Books, records, and other evidence obtained through an administrative subpoena that are not used in a court proceeding shall be destroyed as soon as practicable.