2006 New York Code - Investigations.

 
    §  688.  Investigations. 1. Whenever it shall appear to the department
  of law, either upon complaint or otherwise, that any person has violated
  any provision of this article, the department:
    (a) may make such investigations within or outside of this state as it
  deems necessary  to  determine  whether  any  person  has  violated  any
  provision of this article or any rule or regulation hereunder, or to aid
  in  the  enforcement  of this article or in the prescribing of rules and
  forms hereunder, and
    (b) may require or permit any person to file a statement  in  writing,
  under  oath  or  otherwise as the attorney general determines, as to all
  the facts and circumstances concerning the matter to be investigated.
    2. The costs of all out of state travel and lodging expenses  relating
  to  investigations  by  the  department  of  persons  who  appear to the
  department to have violated any provision of this article shall be borne
  by such persons upon a judicial determination  that  said  persons  have
  committed  unlawful and fraudulent acts or practices, as defined in this
  article, or so much thereof as is deemed proper by the court.
    3. The department is empowered to  subpoena  witnesses,  compel  their
  attendance,  examine them under oath before it or a court of record or a
  judge or justice thereof, and require the production  of  any  books  or
  papers which it deems relevant or material to the inquiry. Such power of
  subpoena  and  examination shall not abate or terminate by reason of any
  action or proceeding brought by the department under this article.
    4. (a) No person is excused from  attending  and  testifying  or  from
  producing  a  document  or  record,  in obedience to the subpoena of the
  department or in a proceeding  instituted  by  the  department,  on  the
  ground  that  the  testimony  or  evidence,  documentary  or  otherwise,
  required of him may tend to incriminate him or subject him to penalty or
  forfeiture; but a person may not be prosecuted or subjected to a penalty
  of forfeiture for or on account of any  transaction,  matter,  or  thing
  concerning  which  he is compelled, after validly claiming his privilege
  against self-incrimination, to testify or produce evidence,  documentary
  or  otherwise,  except  that  the  person  testifying is not exempt from
  prosecution  and  punishment  for  perjury  or  contempt  committed   in
  testifying. The department shall compel such testimony or the production
  of   such   evidence  only  after  notifying  and  consulting  with  any
  appropriate local prosecuting authorities.
    (b) No person shall be excused from attending such inquiry pursuant to
  the mandate of a subpoena, or from producing a paper or  book,  or  from
  being  examined  or  required  to  answer  a  question, on the ground of
  failure of tender or payment of a witness fee and/or mileage, unless  at
  the  time  of  such  appearance  or production, as the case may be, such
  witness makes demand for such payment as a condition  precedent  to  the
  offering  of testimony or production required by the subpoena and unless
  such payment is not thereupon made. The provision for payment of witness
  fees and/or mileage shall not apply to any officer,  director,  salesman
  or other person in the employ of any person whose conduct or practice is
  being investigated.
    5.  If  a  person  subpoenaed to attend such inquiry fails to obey the
  command of a subpoena without  reasonable  cause,  or  if  a  person  in
  attendance upon such inquiry shall without reasonable cause refuse to be
  sworn or to be examined or to answer a question or to produce and permit
  reasonable  examination  of a book or paper when ordered so to do by the
  officer conducting such inquiry, or if a person fails to perform any act
  required hereunder to be performed, he shall be  guilty  of  a  class  A
  misdemeanor punishable as provided in section six hundred ninety of this
  article.
    6.  It  shall  be  the  duty  of  all public officers, their deputies,
  assistants, subordinates, clerks or employees and all other  persons  to
  render  and  furnish  to the department or other designated officer when
  requested all information and assistance in their possession  or  within
  their  power  with  respect  to  all  matters  being investigated by the
  department under this article. Any officer participating in such inquiry
  and any person examined  as  a  witness  upon  such  inquiry  who  shall
  disclose  to  any  person  other than his attorney or the department the
  name of any witness examined or any other information obtained upon such
  inquiry except as directed by the department shall be guilty of a  class
  A  misdemeanor  punishable  as provided in section six hundred ninety of
  this article.