2012 New York Consolidated Laws
LAB - Labor
Article 20 - (700 - 718) NEW YORK STATE LABOR RELATIONS ACT
708 - Investigatory powers.

 
    §  708.  Investigatory  powers.  For  the  purpose of all hearings and
  investigations, which, in the opinion of the board,  are  necessary  and
  proper  for  the  exercise  of the powers vested in it by sections seven
  hundred five and seven hundred six,
    1. The board, or its duly authorized agents or agencies, shall at  all
  reasonable  times  have  access to, for the purposes of examination, and
  the right  to  examine,  copy  or  photograph  any  evidence,  including
  payrolls  or  lists  of  employees,  of any person being investigated or
  proceeded against that relates to any matter under investigation  or  in
  question.  The  board  shall have power to issue subpoenas requiring the
  attendance and testimony of witnesses and the production of any evidence
  that relates to any matter under investigation or in question before the
  board,  its  member,  agent,  or  agency,  conducting  the  hearing   or
  investigation.  Any  member  of  the  board,  or  any  agent  or  agency
  designated by the board for such  purposes,  may  administer  oaths  and
  affirmations, examine witnesses, and receive evidence.
    2.  If any witness resides outside of the state, or through illness or
  other cause is unable to testify before the board or its member,  agent,
  or  agency conducting the hearing or investigation, his or her testimony
  or deposition may be taken within or without this state, in such  manner
  and  in such form as the board or its member, agent or agency conducting
  the hearing may by special order or general rule, prescribe.
    3. In case of contumacy or refusal to obey a subpoena  issued  to  any
  person  the supreme court of any county within the jurisdiction of which
  the inquiry is carried on or  within  the  jurisdiction  of  which  said
  person  guilty  of  contumacy  or refusal to obey is found or resides or
  transacts  business,  upon  application  by   the   board   shall   have
  jurisdiction  to  issue to such person an order requiring such person to
  appear before the board, its member, agent, or agency, there to  produce
  evidence  if  so ordered, or there to give testimony touching the matter
  under investigation or in question; and any failure to obey  such  order
  of the court may be punished by said court as a contempt thereof.
    4.  Upon  any  such  investigation  or  hearing,  the  board, a member
  thereof, or any officer duly designated by the  board  to  conduct  such
  investigation  or  hearing,  may  confer immunity in accordance with the
  provisions of section 50.20 of the criminal procedure law.
    5. Complaints, orders, and other process and papers of the board,  its
  member,  agent,  or  agency,  may  be  served  either  personally  or by
  certified or registered mail or  by  telegraph  or  by  leaving  a  copy
  thereof  at  the  principle  office  or  place of business of the person
  required to be served. The verified return by the individual so  serving
  the  same setting forth the manner of such service shall be proof of the
  same, and the return post-office receipt or telegraph  receipt  therefor
  when registered and mailed or telegraphed as aforesaid shall be proof of
  service  of  the  same. Witnesses summoned before the board, its member,
  agent, or agency shall be paid the same fees and mileage that  are  paid
  witnesses  in  the courts of this state, and witnesses whose depositions
  are taken and the person taking the same shall severally be entitled  to
  the same fees as are paid for like services in the courts of this state.
    6.  All  process  of  any court to which application may be made under
  this article may be served in the county wherein the person  or  persons
  required to be served reside or may be found.
    7.  The  several  departments,  commissions,  divisions,  authorities,
  boards, bureaus, agencies and officers of the  state  or  any  political
  subdivision  or  agency  thereof,  shall  furnish  the  board,  upon its
  request, all  records,  papers,  and  information  in  their  possession
  relating to any matter before the board.

    8.  Subpoenas  under this article shall be subject to paragraph (k) of
  subdivision five of section two hundred five of the  civil  service  law
  and  the  rules  and  regulations  promulgated  under  paragraph  (l) of
  subdivision five of section two hundred five of the civil service law.