2012 New York Consolidated Laws
BNK - Banking
Article 13-B - (640 - 652-B) TRANSMITTERS OF MONEY
646 - Investigations, hearings and reports.

 
    § 646.  Investigations,  hearings  and  reports. 1. The superintendent
  shall have the power  to  make  such  investigations  and  conduct  such
  hearings as he shall deem necessary to determine whether any licensee or
  any  other person has violated any of the provisions of this article, or
  whether any licensee has conducted  himself  in  such  manner  as  would
  justify the suspension or revocation of his license.
    2.  In  making any investigation or conducting any hearing pursuant to
  the provisions of this article, the superintendent, or any  person  duly
  designated  by  him,  shall  have  the  power  at  all times to subpoena
  witnesses; to take depositions of witnesses residing without the  state,
  in  the manner provided for in civil actions in courts of record; to pay
  such witnesses the fees and mileage for their  attendance  provided  for
  witnesses in civil actions in courts of record; and to administer oaths.
  He  shall  also  have  the  power  to  compel  by  order or subpoena the
  production of and to examine all relevant books, records,  accounts  and
  other  documents.  Any  person  who  fails  to  obey  the command of the
  subpoena without reasonable excuse, or refuses without reasonable  cause
  to  be  served or to be examined or to answer a question or to produce a
  book or paper when ordered so  to  do,  or  fails  to  perform  any  act
  required  hereunder to be performed, shall be subject to the compulsions
  in such cases made and provided by law, and if the  person  be  licensed
  hereunder,  the superintendent shall have the right to suspend or revoke
  the license.
    3. The superintendent may require of any licensee such reports,  under
  oath  or otherwise, concerning the licensee's business in this state, as
  he may deem necessary for the enforcement of this article.
    4. All reports of investigations and other reports  rendered  pursuant
  to  this  section,  and  all  correspondence and memoranda concerning or
  arising out of  such  investigations  or  reports,  including  any  duly
  authenticated  copy  or copies thereof in the possession of any licensee
  or  the  department  of  financial  services,  shall   be   confidential
  communications,  shall  not be subject to subpoena and shall not be made
  public unless, in the  judgment  of  the  superintendent,  the  ends  of
  justice  and  the  public advantage will be subserved by the publication
  thereof, in which event the superintendent may publish or authorize  the
  publication  of  a copy of any such report or other material referred to
  in this subdivision, or any part thereof,  in  such  manner  as  may  be
  deemed   proper.   For   purposes   of  this  subdivision,  "reports  of
  investigations, and other reports rendered pursuant to this section  and
  all  correspondence  and  memoranda  concerning  or  arising out of such
  investigations or reports" shall have the same meaning as such terms are
  defined pursuant to  subdivision  ten  of  section  thirty-six  of  this
  chapter.