§ 16-107. Subpoenas, information and document production, enforcement
procedures, referrals. 1. (a) In addition to all other powers provided
by this article, the secretary or his or her designee shall have the
power and authority to subpoena and require the attendance of witnesses
and the production of books, papers, contracts and any other documents
pertaining to any investigation or hearing conducted pursuant to this
article. The secretary may issue such subpoenas on his or her own
initiative or at the request of the president.

(b) If any person refuses to comply with a subpoena issued under this
section, the department may petition a court of competent jurisdiction
to enforce the subpoena and such sanctions as the court may direct.

(c) A subpoena issued under this subdivision shall be regulated by the
civil practice law and rules, and is in addition to and not in
limitation of the power to make information and document requests under
subdivision two of this section.

2. Any person that sells or offers for sale, leases or offers for
lease, rents or offers for rent, or installs or offers to install,
manufactures or tests in New York state any new product of a type listed
in paragraphs (a) through (xx) of subdivision one of section 16-104 of
this article, or any new product for which efficiency standards shall
have been established pursuant to paragraph (b) or (c) of subdivision
one of section 16-106 of this article, or any product that is subject to
federal efficiency standards that shall have been continued in this
state pursuant to section 16-105 of this article, shall be obliged, on
the request of the secretary or his or her designee, or the request of
the president or his or her designee, to supply the secretary and/or the
president with such information and documentation as may be required
concerning such person's business, business practices, or business
methods, or proposed business practices or methods. The obligations
contained in this subdivision shall not apply to any person that sells
or offers for sale, leases or offers for lease, rents or offers for
rent, or installs or offers to install only products described in
subdivision three of section 16-104 of this article. The power to make
information and document requests is in addition to and not in
limitation of the power to issue subpoenas.

3. The secretary shall, before ordering the immediate cessation of any
distribution, sale or offer for sale, lease or offer to lease, rent or
offer to rent, import or offer to import, or installation or offer of
installation of any product, or imposing any civil penalty, injunctive
relief, or other relief pursuant to this article upon any person who is
alleged to be in violation of any provision of this article or of any
regulation adopted pursuant to this article, and at least ten days prior
to the date set for the hearing, notify in writing and shall afford such
person an opportunity to be heard in person or by counsel in reference
thereto. Such written notice may be served by delivery of same
personally, or by mailing same by certified mail to the last known
business address of such person, or by any method authorized by the
civil practice law and rules. The hearing on such charges shall be at
such time and place as the department of state shall prescribe. A
hearing held by this subdivision shall be held pursuant to the state
administrative procedure act, and any applicable regulations adopted by
the secretary.

4. A final action of the secretary in imposing a civil penalty, or
other order, may be subject to review by a proceeding instituted under
article seventy-eight of the civil practice law and rules.

5. In addition to all other powers provided by this article, the
secretary and the president, are authorized, individually or jointly, to
refer the results of any investigation conducted by the president
pursuant to this article to the attorney general and to request the
attorney general to institute, in the name of the secretary and/or the
president, an action or proceeding to enforce the provisions of this
article. The attorney general shall, at the request of the secretary or
president, or may, on his or her own initiative, institute proceedings
to enforce the provisions of this article including the imposition of
civil penalties or injunctive relief. Nothing in this subdivision shall
limit or impair the power and authority of the secretary to conduct
enforcement proceedings, to issue orders pursuant to paragraph (b) of
subdivision five of section 16-106 of this article, and to impose
penalties pursuant to section 16-108 of this article.