N.Y. Civil Rights Law § 73: Code of fair procedure for investigating agencies

§ 73. Code of fair procedure for investigating agencies. 1. As used in

this section the following terms shall mean and include:

(a) "Agency". A standing or select committee of either house of the

legislature or a joint committee of both houses; a duly authorized

subcommittee of any such legislative committee; the commissioner of

investigation acting pursuant to section eleven of the executive law; a

commissioner appointed by the governor acting pursuant to section six of

the executive law; the attorney general acting pursuant to subdivision

eight of section sixty-three of the executive law; any temporary state

commission or any duly authorized subcommittee thereof which has the

power to require testimony or the production of evidence by subpoena or

other compulsory process in an investigation being conducted by it; and

any standing or select committee, or subcommittee thereof, of the

constitutional convention to be held in the year nineteen hundred

sixty-seven.

(b) "Hearing". Any hearing in the course of an investigatory

proceeding (other than a preliminary conference or interview at which no

testimony is taken under oath) conducted before an agency at which

testimony or the production of other evidence may be compelled by

subpoena or other compulsory process.

(c) "Public hearing". Any hearing open to the public, or any hearing,

or such part thereof, as to which testimony or other evidence is made

available or disseminated to the public by the agency.

(d) "Private hearing". Any hearing other than a public hearing.

2. No person may be required to appear at a hearing or to testify at a

hearing unless there has been personally served upon him prior to the

time when he is required to appear, a copy of this section, and a

general statement of the subject of the investigation. A copy of the

resolution, statute, order or other provision of law authorizing the

investigation shall be furnished by the agency upon request therefor by

the person summoned.

3. A witness summoned to a hearing shall have the right to be

accompanied by counsel, who shall be permitted to advise the witness of

his rights, subject to reasonable limitations to prevent obstruction of

or interference with the orderly conduct of the hearing. Counsel for any

witness who testifies at a public hearing may submit proposed questions

to be asked of the witness relevant to the matters upon which the

witness has been questioned and the agency shall ask the witness such of

the questions as it may deem appropriate to its inquiry.

4. A complete and accurate record shall be kept of each public hearing

and a witness shall be entitled to receive a copy of his testimony at

such hearing at his own expense. Where testimony which a witness has

given at a private hearing becomes relevant in a criminal proceeding in

which the witness is a defendant, or in any subsequent hearing in which

the witness is summoned to testify, the witness shall be entitled to a

copy of such testimony, at his own expense, provided the same is

available, and provided further that the furnishing of such copy will

not prejudice the public safety or security.

5. A witness who testifies at any hearing shall have the right at the

conclusion of his examination to file a brief sworn statement relevant

to his testimony for incorporation in the record of the investigatory

proceeding.

6. Any person whose name is mentioned or who is specifically

identified and who believes that testimony or other evidence given at a

public hearing or comment made by any member of the agency or its

counsel at such a hearing tends to defame him or otherwise adversely

affect his reputation shall have the right, either to appear personally

before the agency and testify in his own behalf as to matters relevant

to the testimony or other evidence complained of, or in the alternative

at the option of the agency, to file a statement of facts under oath

relating solely to matters relevant to the testimony or other evidence

complained of, which statement shall be incorporated in the record of

the investigatory proceeding.

7. Nothing herein contained shall be construed to prevent an agency

from granting to witnesses appearing before it, or to persons who claim

to be adversely affected by testimony or other evidence adduced before

it, such further rights and privileges as it may determine.

8. Except in the course of a subsequent hearing which is open to the

public, no testimony or other evidence adduced at a private hearing or

preliminary conference or interview conducted before a single-member

agency in the course of its investigation shall be disseminated or made

available to the public by said agency, its counsel or employees without

the approval of the head of the agency. Except in the course of a

subsequent hearing open to the public, no testimony or other evidence

adduced at a private hearing or preliminary conference or interview

before a committee or other multi-member investigating agency shall be

disseminated or made available to the public by any member of the

agency, its counsel or employees, except with the approval of a majority

of the members of such agency. Any person who violates the provisions of

this subdivision shall be guilty of a misdemeanor.

9. No temporary state commission having more than two members shall

have the power to take testimony at a public or private hearing unless

at least two of its members are present at such hearing.

10. Nothing herein contained shall be construed to effect, diminish or

impair the right, under any other provision of law, rule or custom, of

any member or group of members of a committee or other multi-member

investigating agency to file a statement or statements of minority views

to accompany and be released with or subsequent to the report of the

committee or agency.