N.Y. Energy Law § 16-107: Subpoenas, information and document production, enforcement procedures, referrals

§ 16-107. Subpoenas, information and document production, enforcement

procedures, referrals. 1. (a) In addition to all other powers provided

by this article, the secretary or his or her designee shall have the

power and authority to subpoena and require the attendance of witnesses

and the production of books, papers, contracts and any other documents

pertaining to any investigation or hearing conducted pursuant to this

article. The secretary may issue such subpoenas on his or her own

initiative or at the request of the president.

(b) If any person refuses to comply with a subpoena issued under this

section, the department may petition a court of competent jurisdiction

to enforce the subpoena and such sanctions as the court may direct.

(c) A subpoena issued under this subdivision shall be regulated by the

civil practice law and rules, and is in addition to and not in

limitation of the power to make information and document requests under

subdivision two of this section.

2. Any person that sells or offers for sale, leases or offers for

lease, rents or offers for rent, or installs or offers to install,

manufactures or tests in New York state any new product of a type listed

in paragraphs (a) through (xx) of subdivision one of section 16-104 of

this article, or any new product for which efficiency standards shall

have been established pursuant to paragraph (b) or (c) of subdivision

one of section 16-106 of this article, or any product that is subject to

federal efficiency standards that shall have been continued in this

state pursuant to section 16-105 of this article, shall be obliged, on

the request of the secretary or his or her designee, or the request of

the president or his or her designee, to supply the secretary and/or the

president with such information and documentation as may be required

concerning such person's business, business practices, or business

methods, or proposed business practices or methods. The obligations

contained in this subdivision shall not apply to any person that sells

or offers for sale, leases or offers for lease, rents or offers for

rent, or installs or offers to install only products described in

subdivision three of section 16-104 of this article. The power to make

information and document requests is in addition to and not in

limitation of the power to issue subpoenas.

3. The secretary shall, before ordering the immediate cessation of any

distribution, sale or offer for sale, lease or offer to lease, rent or

offer to rent, import or offer to import, or installation or offer of

installation of any product, or imposing any civil penalty, injunctive

relief, or other relief pursuant to this article upon any person who is

alleged to be in violation of any provision of this article or of any

regulation adopted pursuant to this article, and at least ten days prior

to the date set for the hearing, notify in writing and shall afford such

person an opportunity to be heard in person or by counsel in reference

thereto. Such written notice may be served by delivery of same

personally, or by mailing same by certified mail to the last known

business address of such person, or by any method authorized by the

civil practice law and rules. The hearing on such charges shall be at

such time and place as the department of state shall prescribe. A

hearing held by this subdivision shall be held pursuant to the state

administrative procedure act, and any applicable regulations adopted by

the secretary.

4. A final action of the secretary in imposing a civil penalty, or

other order, may be subject to review by a proceeding instituted under

article seventy-eight of the civil practice law and rules.

5. In addition to all other powers provided by this article, the

secretary and the president, are authorized, individually or jointly, to

refer the results of any investigation conducted by the president

pursuant to this article to the attorney general and to request the

attorney general to institute, in the name of the secretary and/or the

president, an action or proceeding to enforce the provisions of this

article. The attorney general shall, at the request of the secretary or

president, or may, on his or her own initiative, institute proceedings

to enforce the provisions of this article including the imposition of

civil penalties or injunctive relief. Nothing in this subdivision shall

limit or impair the power and authority of the secretary to conduct

enforcement proceedings, to issue orders pursuant to paragraph (b) of

subdivision five of section 16-106 of this article, and to impose

penalties pursuant to section 16-108 of this article.