N.Y. Arts and Cultural Affairs Law § 23.05: Investigations

§ 23.05. Investigations. 1. Whenever it shall appear to the attorney

general either upon complaint or otherwise that any person has violated

or is about to violate any provision of this article, or that he

believes it necessary to aid in the enforcement of this article or in

the prescribing of rules or regulations hereunder, the attorney general:

(a) May make such public or private investigations within or outside

of this state as he deems necessary to determine whether any person has

violated or is about to violate 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 attorney general, or any officer designated by him, is

empowered to subpoena witnesses, compel their attendance, examine them

under oath before him or a court of record or a judge or justice

thereof, and require the production of any books or papers which he

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 attorney general under this article.

3. No person shall be excused from attending such inquiry in pursuance

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 fee and/or

mileage shall not apply to any officer, director or person in the employ

of any person, partnership, corporation, company, trust or association

whose conduct or practices are being investigated.

4. 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, partnership,

corporation, company, trust or association fails to perform any act

required hereunder to be performed, he shall be guilty of a misdemeanor.

5. 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 attorney general 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

attorney general 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 attorney general

the name of any witness examined or any other information obtained upon

such inquiry except as directed by the attorney general shall be guilty

of a misdemeanor.