Section 19. Attendance of witnesses and their fees  


Latest version.
  • 1. The commission shall
      have  power  to  issue subpoenas and subpoena duces tecum. All subpoenas
      shall be signed and issued by a commissioner, by an officer or  employee
      of  the  commission  specially authorized to conduct an investigation or
      hearing or by the secretary or assistant secretary  of  the  commission.
      The  fees  of  witnesses  required to attend before the commission, or a
      commissioner, or an officer or employee specially authorized to  conduct
      an  investigation  or  hearing,  shall  be  the same as in the case of a
      subpoena issued out of a court of record, and paid when the  witness  is
      excused  from further attendance. Except as is herein provided subpoenas
      shall be regulated by the civil practice law  and  rules.    Whenever  a
      subpoena  is  issued  at  the  instance of a complainant, respondent, or
      other party to any proceeding before the commission, the cost of service
      thereof and the fee of the witness shall be borne by the party at  whose
      instance the witness is summoned.
        2.  If  a  person  subpoenaed  to  attend  before  the commission or a
      commissioner, or an officer or employee specially authorized to  conduct
      an investigation or hearing, fails to obey the command of such subpoena,
      without  reasonable  cause,  or  if  a  person  in attendance before the
      commission  or  commissioner,  or  an  officer  or  employee   specially
      authorized  to  conduct  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 papers, when ordered so to do by the
      commission, or a commissioner,  or  an  officer  or  employee  specially
      authorized  to  conduct an investigation or hearing, or to subscribe and
      swear to his deposition after it has been correctly reduced to  writing,
      he  shall  be  guilty of a misdemeanor and may be prosecuted therefor in
      any court of competent criminal jurisdiction.