Section 174. Oaths, acknowledgments, subpoenas and commissions to take testimony  


Latest version.
  • 1. The commissioner, his deputies, secretary  and  any  other  officer  or  employee  of  the  department  of taxation and finance duly
      designated and  authorized  by  resolution  of  the  commissioner,  duly
      entered  upon  the  minutes,  shall have power: (i) to administer oaths,
      take affidavits and certify acknowledgments in relation to any matter or
      proceeding in the exercise of the powers or duties of  the  commissioner
      under this chapter and in relation to any written instrument required or
      permitted  to  be  filed  with the commissioner and (ii) to subpoena and
      require the  attendance  of  witnesses  and  the  production  of  books,
      accounts, records, memoranda, documents or other papers pertinent to the
      investigations  and  inquiries which he is authorized to conduct, and to
      examine them in relation to any matter which he has power to investigate
      and to issue commissions for the examination of witnesses who are out of
      the state or unable to attend before the commissioner  or  excused  from
      attendance.  A  subpoena issued under this section shall be regulated by
      the civil practice law and rules.
        2. Any person who shall testify falsely in any material matter pending
      before the commissioner shall be guilty of and punishable for perjury.
        3. Cross-reference: For criminal penalties, see  article  thirty-seven
      of this chapter.