Section 73. Enforcement of article; investigations  


Latest version.
  • 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.