Section 42. Functions; powers and duties  


Latest version.
  • The commission shall have the
      following functions, powers and duties:
        1.  To  conduct  hearings  and  investigations,  administer  oaths  or
      affirmations,  subpoena witnesses, compel their attendance, examine them
      under oath or affirmation and  require  the  production  of  any  books,
      records,  documents  or  other  evidence  that  it  may deem relevant or
      material to an investigation; and the commission may  designate  any  of
      its  members  or  any  member  of its staff to exercise any such powers,
      provided, however, that except  as  is  otherwise  provided  in  section
      forty-three  of  this  article,  only  a member of the commission or the
      administrator shall exercise the power to subpoena witnesses or  require
      the production of books, records, documents or other evidence.
        2.  To  confer  immunity  when  the  commission deems it necessary and
      proper in accordance with section 50.20 of the criminal  procedure  law;
      provided,  however, that at least forty-eight hours prior written notice
      of the commission's intention to  confer  such  immunity  is  given  the
      attorney general and the appropriate district attorney.
        3. To request and receive from any court, department, division, board,
      bureau,   commission,   or  other  agency  of  the  state  or  political
      subdivision thereof or any public authority such assistance, information
      and data as will enable it properly to carry out its  functions,  powers
      and duties.
        4.  To  report  annually,  on or before the first day of March in each
      year and at such other times as the commission shall deem necessary,  to
      the  governor,  the  legislature  and  the  chief  judge of the court of
      appeals, with respect to proceedings which have been finally  determined
      by   the   commission.   Such   reports   may  include  legislative  and
      administrative recommendations.  The contents of the annual  report  and
      any  other  report  shall  conform  to  the  provisions  of this article
      relating to confidentiality.
        5. To adopt, promulgate, amend and rescind rules and  procedures,  not
      otherwise  inconsistent  with law, necessary to carry out the provisions
      and purposes of this article. All such rules  and  procedures  shall  be
      filed  in  the  offices of the chief administrator of the courts and the
      secretary of state.
        6. To do all other things necessary and convenient to  carry  out  its
      functions, powers and duties expressly set forth in this article.