2010 New York Code
ENV - Environmental Conservation
Article 19 - AIR POLLUTION CONTROL
Title 5 - (19-0501 - 19-0511) PROCEDURE
19-0507 - Conduct of hearing.

§ 19-0507. Conduct of hearing.
    1.  The respondent to such complaint may file a written answer thereto
  at least three days prior to the hearing and may appear at such  hearing
  in  person or by representative, with or without counsel, and may submit
  testimony, or may do both.
    2. The hearing may be held before the commissioner or a representative
  designated by the commissioner.
    3. The commissioner or his delegate shall have power to  subpoena  and
  compel the attendance of witnesses and the production for examination of
  any  book  or  paper  relating  to  the  matter under investigation. The
  commissioner or his delegate at the  request  of  any  respondent  to  a
  complaint  made  pursuant  to this article shall subpoena and compel the
  attendance of such  witnesses  and  shall  require  the  production  for
  examination  of  any  such  book  or  paper relating to the matter under
  investigation as the respondent may reasonably designate.
    4. In the case of contumacy or refusal to obey a subpoena, the supreme
  court shall have jurisdiction upon the application of  the  commissioner
  or  his  delegate  to issue an order requiring such person to appear and
  testify or produce evidence as the case may require. Any failure to obey
  such an order may be judged by the court as contempt thereof.
    5. The testimony taken at the hearing before the commissioner  or  his
  delegate   shall   be  under  oath  and  recorded,  stenographically  or
  otherwise.