Legislation
SECTION 339-B
Powers of department
Real Property (RPP) CHAPTER 50, ARTICLE 9-A
§ 339-b. Powers of department. The department of state may also
require such other data and information as it may deem relevant and may
make such special and independent investigations as it may deem
necessary in connection with the administration of this article. The
department of state by its examiner or other officer designated by it is
empowered to subpoena witnesses, compel their attendance, examine them
under oath before him or a magistrate, a court of record or a judge or
justice thereof and require the production of any books or papers which
he deems relevant or material to the inquiry. Such power of subpoena and
examination shall not abate or terminate by reason of any action or
proceeding brought by the department of state under this article. The
provisions for payment of witness fee and/or mileage do not apply to any
officer, director or person in the employ of any person, partnership,
corporation, company, trust or association whose conduct or practices
are being investigated. A subpoena issued under this section shall be
regulated by the civil practice law and rules and, in addition, if a
person subpoenaed to attend such inquiry fails to obey the command of a
subpoena without reasonable cause, or if a person in attendance upon
such inquiry shall without reasonable cause refuse to be sworn or to be
examined or to answer a question or to produce a book or paper when
ordered so to do by the officer conducting such inquiry, or if a person,
partnership, corporation, company, trust or association fails to perform
any act required hereunder to be performed, he shall be guilty of a
misdemeanor. It shall be the duty of all public officers, their
deputies, assistants, subordinates, clerks or employees and all other
persons to render and furnish to the department of state, its examiner
or other designated officer when requested all information and
assistance in their possession or within their power. Any officer
participating in such inquiry who shall disclose to any person other
than the secretary of state the name of any witness examined or any
other information obtained upon such inquiry except as directed by the
secretary of state shall be guilty of a misdemeanor.
require such other data and information as it may deem relevant and may
make such special and independent investigations as it may deem
necessary in connection with the administration of this article. The
department of state by its examiner or other officer designated by it is
empowered to subpoena witnesses, compel their attendance, examine them
under oath before him or a magistrate, a court of record or a judge or
justice thereof and require the production of any books or papers which
he deems relevant or material to the inquiry. Such power of subpoena and
examination shall not abate or terminate by reason of any action or
proceeding brought by the department of state under this article. The
provisions for payment of witness fee and/or mileage do not apply to any
officer, director or person in the employ of any person, partnership,
corporation, company, trust or association whose conduct or practices
are being investigated. A subpoena issued under this section shall be
regulated by the civil practice law and rules and, in addition, if a
person subpoenaed to attend such inquiry fails to obey the command of a
subpoena without reasonable cause, or if a person in attendance upon
such inquiry shall without reasonable cause refuse to be sworn or to be
examined or to answer a question or to produce a book or paper when
ordered so to do by the officer conducting such inquiry, or if a person,
partnership, corporation, company, trust or association fails to perform
any act required hereunder to be performed, he shall be guilty of a
misdemeanor. It shall be the duty of all public officers, their
deputies, assistants, subordinates, clerks or employees and all other
persons to render and furnish to the department of state, its examiner
or other designated officer when requested all information and
assistance in their possession or within their power. Any officer
participating in such inquiry who shall disclose to any person other
than the secretary of state the name of any witness examined or any
other information obtained upon such inquiry except as directed by the
secretary of state shall be guilty of a misdemeanor.