Section 87. Attendance of witnesses and their fees  


Latest version.
  • 1. The commissioner, or
      an employee of the department duly designated, shall have power to issue
      subpoenas and subpoenas duces tecum.  All subpoenas shall be signed  and
      issued  by  the  commissioner  or  by  an  officer  or  employee  of the
      department specially authorized to conduct an investigation or  hearing.
      The  fees of witnesses required to attend before the commissioner, or an
      officer or employee of the department 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 commissioner, or an officer or employee of the
      department  specially authorized to conduct an investigation or hearing,
      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  commissioner,  or  an
      officer or employee of the department 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  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
      commissioner  or  an  officer  or  employee  of the department 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.