US Laws, Codes, Statutes & Cases

 
    §  8-114  Investigations  and  investigative  record  keeping.  a. The
  commission may at any time  issue  subpoenas  requiring  attendance  and
  giving  of  testimony  by witnesses and the production of books, papers,
  documents and other evidence relating to any matter under  investigation
  or  any  question  before the commission. The issuance of such subpoenas
  shall be governed by the civil practice law and rules.
    b. Where the commission has initiated its  own  investigation  or  has
  conducted  an investigation in connection with the filing of a complaint
  pursuant to this chapter, the commission may demand that any  person  or
  persons  who  are  the  subject of such investigation (i) preserve those
  records in the possession of such person or persons which  are  relevant
  to  the  determination  of whether such person or persons have committed
  unlawful discriminatory practices with  respect  to  activities  in  the
  city,  and  (ii)  continue to make and keep the type of records made and
  kept by such person or persons in the ordinary course of business within
  the year preceding such demand which are relevant to  the  determination
  of whether such person or persons have committed unlawful discriminatory
  practices with respect to activities in the city. A demand made pursuant
  to  this  subdivision shall be effective immediately upon its service on
  the subject of an investigation and shall remain  in  effect  until  the
  termination  of all proceedings relating to any complaint filed pursuant
  to this chapter or civil action commenced pursuant to  chapter  four  of
  this  title  or  if  no  complaint or civil action is filed or commenced
  shall expire two years after the date of such service. The  commission's
  demand  shall require that such records be made available for inspection
  by the commission and/or be filed with the commission.
    c. Any person upon whom a demand has been made pursuant to subdivision
  b of this section may, pursuant to procedures established by rule of the
  commission, assert an objection to such demand.  Unless  the  commission
  orders   otherwise,  the  assertion  of  an  objection  shall  not  stay
  compliance with the demand. The commission shall make a determination on
  an objection to a demand within thirty days after such an  objection  is
  filed  with  the  commission,  unless  the  party  filing  the objection
  consents to an extension of time.
    d. Upon the expiration of the time set  pursuant  to  such  rules  for
  making  an  objection  to  such  demand, or upon a determination that an
  objection to the demand shall not be  sustained,  the  commission  shall
  order compliance with the demand.
    e.  Upon  a  determination  that  an  objection  to  a demand shall be
  sustained, the commission shall order that  the  demand  be  vacated  or
  modified.
    f.  A  proceeding  may  be  brought on behalf of the commission in any
  court of competent jurisdiction seeking an order  to  compel  compliance
  with an order issued pursuant to subdivision d of this section.