N.Y. Environmental Conservation Law § 71-1303: Subpoenas, testimony and enforcement thereof

§ 71-1303. Subpoenas, testimony and enforcement thereof.

1. To aid in the administration of article 23, the commissioner or any

person designated by him may issue subpoenas in his name requiring the

attendance and giving of testimony by witnesses and the production of

books, papers and other evidence for any hearing, proceeding or

investigation conducted or to be conducted by or before the department.

Service of such a subpoena, enforcement of obedience thereto, and

punishment for disobedience thereof shall be had as and in the manner

provided by the civil practice law and rules relating to enforcement of

any subpoena issued by a board or committee except that in the case of

hearings, proceedings or investigations before or conducted by the

department neither the holder of a permit or lease issued pursuant to

article 23, nor an employee of such permit holder or lessee, nor an

officer or stockholder in a permittee or lessee corporation, when

required to attend as a witness, shall be entitled to any subpoena fee

or mileage. Any member of the department or any person who may be

designated hereunder by the department to hold hearings may administer

oaths to witnesses. The department also may provide for the taking of

depositions of witnesses for the purpose of any such hearing. In such

case such officer, employee or other person may administer oaths to the

witnesses whose depositions are to be taken. Each deposition shall be

reduced to writing and subscribed by the deponent.

2. The provisions of this section shall apply only to the

administration of article 23.