2013 New York Consolidated Laws
CVR - Civil Rights
Article 7 - (70 - 79-N*2) MISCELLANEOUS RIGHTS AND IMMUNITIES
73 - Code of fair procedure for investigating agencies.

 
    § 73. Code of fair procedure for investigating agencies. 1. As used in
  this section the following terms shall mean and include:
    (a)  "Agency".  A  standing or select committee of either house of the
  legislature or a joint committee  of  both  houses;  a  duly  authorized
  subcommittee  of  any  such  legislative  committee; the commissioner of
  investigation acting pursuant to section eleven of the executive law;  a
  commissioner appointed by the governor acting pursuant to section six of
  the  executive  law; the attorney general acting pursuant to subdivision
  eight of section sixty-three of the executive law; any  temporary  state
  commission  or  any  duly  authorized subcommittee thereof which has the
  power to require testimony or the production of evidence by subpoena  or
  other  compulsory process in an investigation being conducted by it; and
  any standing or  select  committee,  or  subcommittee  thereof,  of  the
  constitutional  convention  to  be  held  in  the  year nineteen hundred
  sixty-seven.
    (b)  "Hearing".  Any  hearing  in  the  course  of  an   investigatory
  proceeding (other than a preliminary conference or interview at which no
  testimony  is  taken  under  oath)  conducted  before an agency at which
  testimony or the production  of  other  evidence  may  be  compelled  by
  subpoena or other compulsory process.
    (c)  "Public hearing". Any hearing open to the public, or any hearing,
  or such part thereof, as to which testimony or other  evidence  is  made
  available or disseminated to the public by the agency.
    (d) "Private hearing". Any hearing other than a public hearing.
    2. No person may be required to appear at a hearing or to testify at a
  hearing  unless  there  has been personally served upon him prior to the
  time when he is required to appear,  a  copy  of  this  section,  and  a
  general  statement  of  the  subject of the investigation. A copy of the
  resolution, statute, order or other provision  of  law  authorizing  the
  investigation  shall be furnished by the agency upon request therefor by
  the person summoned.
    3. A witness summoned  to  a  hearing  shall  have  the  right  to  be
  accompanied  by counsel, who shall be permitted to advise the witness of
  his rights, subject to reasonable limitations to prevent obstruction  of
  or interference with the orderly conduct of the hearing. Counsel for any
  witness  who testifies at a public hearing may submit proposed questions
  to be asked of the witness  relevant  to  the  matters  upon  which  the
  witness has been questioned and the agency shall ask the witness such of
  the questions as it may deem appropriate to its inquiry.
    4. A complete and accurate record shall be kept of each public hearing
  and  a  witness  shall be entitled to receive a copy of his testimony at
  such hearing at his own expense. Where testimony  which  a  witness  has
  given  at a private hearing becomes relevant in a criminal proceeding in
  which the witness is a defendant, or in any subsequent hearing in  which
  the  witness  is summoned to testify, the witness shall be entitled to a
  copy of such testimony,  at  his  own  expense,  provided  the  same  is
  available,  and  provided  further that the furnishing of such copy will
  not prejudice the public safety or security.
    5. A witness who testifies at any hearing shall have the right at  the
  conclusion  of  his examination to file a brief sworn statement relevant
  to his testimony for incorporation in the record  of  the  investigatory
  proceeding.
    6.  Any  person  whose  name  is  mentioned  or  who  is  specifically
  identified and who believes that testimony or other evidence given at  a
  public  hearing  or  comment  made  by  any  member of the agency or its
  counsel at such a hearing tends to defame  him  or  otherwise  adversely
  affect  his reputation shall have the right, either to appear personally
  before the agency and testify in his own behalf as to  matters  relevant

  to  the testimony or other evidence complained of, or in the alternative
  at the option of the agency, to file a statement  of  facts  under  oath
  relating  solely  to matters relevant to the testimony or other evidence
  complained  of,  which  statement shall be incorporated in the record of
  the investigatory proceeding.
    7. Nothing herein contained shall be construed to  prevent  an  agency
  from  granting to witnesses appearing before it, or to persons who claim
  to be adversely affected by testimony or other evidence  adduced  before
  it, such further rights and privileges as it may determine.
    8.  Except  in the course of a subsequent hearing which is open to the
  public, no testimony or other evidence adduced at a private  hearing  or
  preliminary  conference  or  interview  conducted before a single-member
  agency in the course of its investigation shall be disseminated or  made
  available to the public by said agency, its counsel or employees without
  the  approval  of  the  head  of the agency.   Except in the course of a
  subsequent hearing open to the public, no testimony  or  other  evidence
  adduced  at  a  private  hearing  or preliminary conference or interview
  before a committee or other multi-member investigating agency  shall  be
  disseminated  or  made  available  to  the  public  by any member of the
  agency, its counsel or employees, except with the approval of a majority
  of the members of such agency. Any person who violates the provisions of
  this subdivision shall be guilty of a misdemeanor.
    9. No temporary state commission having more than  two  members  shall
  have  the  power to take testimony at a public or private hearing unless
  at least two of its members are present at such hearing.
    10. Nothing herein contained shall be construed to effect, diminish or
  impair the right, under any other provision of law, rule or  custom,  of
  any  member  or  group  of  members of a committee or other multi-member
  investigating agency to file a statement or statements of minority views
  to accompany and be released with or subsequent to  the  report  of  the
  committee or agency.