2012 New York Consolidated Laws
FIS - Financial Services Law
Article 3 - (301 - 310) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
306 - Attendance of witnesses; production of documents and records.


NY Fin Serv L § 306 (2012) What's This?
 
    §  306.  Attendance of witnesses; production of documents and records.
  (a) The superintendent or the person authorized by the superintendent to
  conduct  a  hearing  or  investigation  shall  have  power  to  subpoena
  witnesses, compel the attendance of witnesses, administer oaths, examine
  any  person  under oath, and to compel any person to subscribe to his or
  her testimony after it has been correctly reduced  to  writing,  and  in
  connection  therewith  to  require  the production of any books, papers,
  records, correspondence or  other  documents  which  the  superintendent
  deems  relevant  to  the  inquiry.  A subpoena issued under this section
  shall be regulated by the civil practice law and rules.
    (b) No person subject to the provisions of this chapter, the insurance
  law or the banking law whose conduct, condition or practices  are  being
  investigated,  and  no officer, director or employee of any such person,
  shall be entitled to witness or mileage fees.
    (c) In addition to the liabilities and punishment  prescribed  by  the
  civil  practice  law and rules, any person who, without just cause fails
  or refuses to attend and testify or to answer any lawful inquiry  or  to
  produce  any  books, papers or records in obedience to a subpoena issued
  by the superintendent shall be guilty of a misdemeanor.
    (d) Every regulated person under this chapter, the  insurance  law  or
  the  banking  law  who  is  given  a  notice of hearing pursuant to this
  chapter shall upon the service of a notice to produce books and records,
  when attached to the notice of hearing or mailed subsequently thereto in
  the same manner as the notice  of  hearing,  pursuant  to  such  notice,
  produce  at  the  hearing  the  books,  records and documents enumerated
  therein.

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