Legislation
SECTION 71-2903
Investigations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 29
§ 71-2903. Investigations.
1. The commissioner, or any officer of the department when authorized
by the commissioner, may investigate and report as to all matters within
or pertaining to the powers and jurisdiction of the department for the
purpose of carrying into effect the provisions of article 33 of this
chapter or this title and the rules of the department made pursuant
thereto.
2. To aid in the administration of article 33, 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 any person certified to apply pesticides nor the
holder of a business registration issued pursuant to article 33, nor an
employee of such registration holder or, nor an officer or stockholder
in a registered 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.
1. The commissioner, or any officer of the department when authorized
by the commissioner, may investigate and report as to all matters within
or pertaining to the powers and jurisdiction of the department for the
purpose of carrying into effect the provisions of article 33 of this
chapter or this title and the rules of the department made pursuant
thereto.
2. To aid in the administration of article 33, 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 any person certified to apply pesticides nor the
holder of a business registration issued pursuant to article 33, nor an
employee of such registration holder or, nor an officer or stockholder
in a registered 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.