Section 71-2903. Investigations  


Latest version.
  • 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.