N.Y. Environmental Conservation Law § 71-2903: Investigations

§ 71-2903. Investigations.

1. The commissioner, or any officer of the department when authorized

by the commissioner, may investigate and report as to all matters within

or pertaining to the powers and jurisdiction of the department for the

purpose of carrying into effect the provisions of article 33 of this

chapter or this title and the rules of the department made pursuant

thereto.

2. To aid in the administration of article 33, 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 any person certified to apply pesticides nor the

holder of a business registration issued pursuant to article 33, nor an

employee of such registration holder or, nor an officer or stockholder

in a registered 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.