2010 New York Code
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 banking department, 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.