Section 708. Investigatory powers  


Latest version.
  • For  the  purpose of all hearings and
      investigations, which, in the opinion of the board,  are  necessary  and
      proper  for  the  exercise  of the powers vested in it by sections seven
      hundred five and seven hundred six,
        1. The board, or its duly authorized agents or agencies, shall at  all
      reasonable  times  have  access to, for the purposes of examination, and
      the right  to  examine,  copy  or  photograph  any  evidence,  including
      payrolls  or  lists  of  employees,  of any person being investigated or
      proceeded against that relates to any matter under investigation  or  in
      question.    Any member of the board shall have power to issue subpoenas
      requiring the attendance and testimony of witnesses and  the  production
      of  any  evidence  that  relates to any matter under investigation or in
      question before the board, its member, agent, or agency, conducting  the
      hearing  or  investigation.  Any  member  of  the board, or any agent or
      agency designated by the board for such purposes, may  administer  oaths
      and affirmations, examine witnesses, and receive evidence.
        2.  If any witness resides outside of the state, or through illness or
      other cause is unable to testify before the board or its member,  agent,
      or  agency conducting the hearing or investigation, his or her testimony
      or deposition may be taken within or without this state, in such  manner
      and  in such form as the board or its member, agent or agency conducting
      the hearing may by special order or general rule, prescribe.
        3. In case of contumacy or refusal to obey a subpoena  issued  to  any
      person  the supreme court of any county within the jurisdiction of which
      the inquiry is carried on or  within  the  jurisdiction  of  which  said
      person  guilty  of  contumacy  or refusal to obey is found or resides or
      transacts  business,  upon  application  by   the   board   shall   have
      jurisdiction  to  issue to such person an order requiring such person to
      appear before the board, its member, agent, or agency, there to  produce
      evidence  if  so ordered, or there to give testimony touching the matter
      under investigation or in question; and any failure to obey  such  order
      of the court may be punished by said court as a contempt thereof.
        4.  Upon  any  such  investigation  or  hearing,  the  board, a member
      thereof, or any officer duly designated by the  board  to  conduct  such
      investigation  or  hearing,  may  confer immunity in accordance with the
      provisions of section 50.20 of the criminal procedure law.
        5. Complaints, orders, and other process and papers of the board,  its
      member,  agent,  or  agency,  may  be  served  either  personally  or by
      certified or registered mail or  by  telegraph  or  by  leaving  a  copy
      thereof  at  the  principle  office  or  place of business of the person
      required to be served.  The verified return by the individual so serving
      the same setting forth the manner of such service shall be proof of  the
      same,  and  the return post-office receipt or telegraph receipt therefor
      when registered and mailed or telegraphed as aforesaid shall be proof of
      service of the same.  Witnesses summoned before the board,  its  member,
      agent,  or  agency shall be paid the same fees and mileage that are paid
      witnesses in the courts of this state, and witnesses  whose  depositions
      are  taken and the person taking the same shall severally be entitled to
      the same fees as are paid for like services in the courts of this state.
        6. All process of any court to which application  may  be  made  under
      this  article  may be served in the county wherein the person or persons
      required to be served reside or may be found.
        7.  The  several  departments,  commissions,  divisions,  authorities,
      boards,  bureaus,  agencies  and  officers of the state or any political
      subdivision or  agency  thereof,  shall  furnish  the  board,  upon  its
      request,  all  records,  papers,  and  information  in  their possession
      relating to any matter before the board.