Section 34. Practice on hearings; attendance and examination of witnesses

1.  The  practice  on  all  investigations  and  hearings  conducted  or
  instituted as provided in this chapter shall be governed by the rules of
  the  department,  and  in  all  such  hearings  or  investigations where
  testimony is taken, the commissioner, or other  officer  conducting  the
  same, shall not be bound by the technical rules of evidence.
    2.  All  subpoenas  shall  be signed and issued by the commissioner, a
  deputy commissioner or the counsel of the department.
    The fees of witnesses shall be audited and paid in the same manner  as
  other  expenses  of the department. Whenever a subpoena is issued at the
  instance of a complainant, respondent or other party to the  proceeding,
  the  cost  of  the  service thereof and the fees of the witness shall be
  borne by the party at whose instance the witness is subpoenaed.
    3. If a person subpoenaed to attend before the commissioner  or  other
  officer  of  the department, fails to obey the command of such subpoena,
  without  reasonable  cause,  or  if  a  person  in  attendance  upon  an
  investigation  or  hearing 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 or officers conducting such
  an investigation or hearing, or to subscribe and swear to his deposition
  after it has been correctly reduced to writing, if required so to do, he
  shall be guilty of a misdemeanor and may be prosecuted therefor  in  any
  court of competent criminal jurisdiction.
    4.  A  subpoena  issued  under  this section shall be regulated by the
  civil practice law and rules.
    5. Any person who shall wilfully testify falsely as  to  any  material
  matter  pending  in  an  investigation  or proceeding under this chapter
  shall be guilty of perjury.