Legislation
SECTION 71-1303
Subpoenas, testimony and enforcement thereof
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 13
§ 71-1303. Subpoenas, testimony and enforcement thereof.
1. To aid in the administration of article 23, the commissioner or any
person designated by him may issue subpoenas in his name requiring the
attendance and giving of testimony by witnesses and the production of
books, papers and other evidence for any hearing, proceeding or
investigation conducted or to be conducted by or before the department.
Service of such a subpoena, enforcement of obedience thereto, and
punishment for disobedience thereof shall be had as and in the manner
provided by the civil practice law and rules relating to enforcement of
any subpoena issued by a board or committee except that in the case of
hearings, proceedings or investigations before or conducted by the
department neither the holder of a permit or lease issued pursuant to
article 23, nor an employee of such permit holder or lessee, nor an
officer or stockholder in a permittee or lessee corporation, when
required to attend as a witness, shall be entitled to any subpoena fee
or mileage. Any member of the department or any person who may be
designated hereunder by the department to hold hearings may administer
oaths to witnesses. The department also may provide for the taking of
depositions of witnesses for the purpose of any such hearing. In such
case such officer, employee or other person may administer oaths to the
witnesses whose depositions are to be taken. Each deposition shall be
reduced to writing and subscribed by the deponent.
2. The provisions of this section shall apply only to the
administration of article 23.
1. To aid in the administration of article 23, the commissioner or any
person designated by him may issue subpoenas in his name requiring the
attendance and giving of testimony by witnesses and the production of
books, papers and other evidence for any hearing, proceeding or
investigation conducted or to be conducted by or before the department.
Service of such a subpoena, enforcement of obedience thereto, and
punishment for disobedience thereof shall be had as and in the manner
provided by the civil practice law and rules relating to enforcement of
any subpoena issued by a board or committee except that in the case of
hearings, proceedings or investigations before or conducted by the
department neither the holder of a permit or lease issued pursuant to
article 23, nor an employee of such permit holder or lessee, nor an
officer or stockholder in a permittee or lessee corporation, when
required to attend as a witness, shall be entitled to any subpoena fee
or mileage. Any member of the department or any person who may be
designated hereunder by the department to hold hearings may administer
oaths to witnesses. The department also may provide for the taking of
depositions of witnesses for the purpose of any such hearing. In such
case such officer, employee or other person may administer oaths to the
witnesses whose depositions are to be taken. Each deposition shall be
reduced to writing and subscribed by the deponent.
2. The provisions of this section shall apply only to the
administration of article 23.