Legislation
SECTION 73
Enforcement of article; investigations
General Business (GBS) CHAPTER 20, ARTICLE 7
§ 73. Enforcement of article; investigations. 1. The secretary of
state shall have the power to enforce the provisions of this article and
article seven-A of this chapter and upon complaint of any person, or on
his own initiative, to investigate any violation thereof or to
investigate the business, business practices and business methods of any
person, firm, limited liability company, partnership or corporation
applying for or holding a license as a private investigator, bail
enforcement agent or watch, guard or patrol agency, if in the opinion of
the secretary of state such investigation is warranted. Each such
applicant or licensee shall be obliged, on request of the secretary of
state, to supply such information, books, papers or records as may be
required concerning his, their or its business, business practices or
business methods, or proposed business practices or methods. Failure to
comply with a lawful request of secretary shall be a ground for denying
an application for a license, or for revoking, suspending, or failing to
renew a license issued under this article.
2. For the purpose of enforcing the provisions of this article and
article seven-A of this chapter, and in making investigations relating
to any violation thereof, and for the purpose of investigating the
character, competency and integrity of the applicants or licensees
hereunder, and for the purpose of investigating the business, business
practices and business methods of any applicant or licensee, or of the
officers or agents thereof, the department of state, acting by such
officer or person in the department as the secretary of state may
designate, shall have the power to subpoena and bring before the officer
or person so designated any person in this state and require the
production of any books, records or papers which he deems relevant to
the inquiry and administer an oath to and take testimony of any person
or cause his deposition to be taken, except that any applicant or
licensee or officer or agent thereof shall not be entitled to fees
and/or mileage. A subpoena issued under this section shall be regulated
by the civil practice law and rules. Any person, duly subpoenaed, who
fails to obey such subpoena without reasonable cause or without such
cause refuses to be examined or to answer any legal or pertinent
question as to the character or qualification of such applicant or
licensee or such applicant's or licensee's business, business practices
and methods or such violations, shall be guilty of a misdemeanor. The
testimony of witnesses in any investigative proceeding shall be under
oath, which the secretary of state or one of his deputies, or a
subordinate of the department of state designated by the secretary of
state, may administer, and wilful false swearing in any such proceeding
shall be perjury.
3. Licensees hereunder must maintain such records as the secretary of
state by rule determines and in addition, the secretary may prescribe by
rule that further records be kept by certain classes of licensees.
state shall have the power to enforce the provisions of this article and
article seven-A of this chapter and upon complaint of any person, or on
his own initiative, to investigate any violation thereof or to
investigate the business, business practices and business methods of any
person, firm, limited liability company, partnership or corporation
applying for or holding a license as a private investigator, bail
enforcement agent or watch, guard or patrol agency, if in the opinion of
the secretary of state such investigation is warranted. Each such
applicant or licensee shall be obliged, on request of the secretary of
state, to supply such information, books, papers or records as may be
required concerning his, their or its business, business practices or
business methods, or proposed business practices or methods. Failure to
comply with a lawful request of secretary shall be a ground for denying
an application for a license, or for revoking, suspending, or failing to
renew a license issued under this article.
2. For the purpose of enforcing the provisions of this article and
article seven-A of this chapter, and in making investigations relating
to any violation thereof, and for the purpose of investigating the
character, competency and integrity of the applicants or licensees
hereunder, and for the purpose of investigating the business, business
practices and business methods of any applicant or licensee, or of the
officers or agents thereof, the department of state, acting by such
officer or person in the department as the secretary of state may
designate, shall have the power to subpoena and bring before the officer
or person so designated any person in this state and require the
production of any books, records or papers which he deems relevant to
the inquiry and administer an oath to and take testimony of any person
or cause his deposition to be taken, except that any applicant or
licensee or officer or agent thereof shall not be entitled to fees
and/or mileage. A subpoena issued under this section shall be regulated
by the civil practice law and rules. Any person, duly subpoenaed, who
fails to obey such subpoena without reasonable cause or without such
cause refuses to be examined or to answer any legal or pertinent
question as to the character or qualification of such applicant or
licensee or such applicant's or licensee's business, business practices
and methods or such violations, shall be guilty of a misdemeanor. The
testimony of witnesses in any investigative proceeding shall be under
oath, which the secretary of state or one of his deputies, or a
subordinate of the department of state designated by the secretary of
state, may administer, and wilful false swearing in any such proceeding
shall be perjury.
3. Licensees hereunder must maintain such records as the secretary of
state by rule determines and in addition, the secretary may prescribe by
rule that further records be kept by certain classes of licensees.