2013 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. Charges, petitions, orders, and other process  and  papers  of  the
  board,  its member, agent, or agency, may be served either personally or
  by regular mail or by leaving a copy thereof at the principal 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  therefor when registered and mailed 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.
  Final  orders  issued  by  the board shall be served upon the parties by
  registered or certified mail.
    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.