N.Y. General Business Law § 73: Enforcement of article; investigations

§ 73. Enforcement of article; investigations. 1. The secretary of

state shall have the power to enforce the provisions of this article and

article seven-A of this chapter and upon complaint of any person, or on

his own initiative, to investigate any violation thereof or to

investigate the business, business practices and business methods of any

person, firm, limited liability company, partnership or corporation

applying for or holding a license as a private investigator, bail

enforcement agent or watch, guard or patrol agency, if in the opinion of

the secretary of state such investigation is warranted. Each such

applicant or licensee shall be obliged, on request of the secretary of

state, to supply such information, books, papers or records as may be

required concerning his, their or its business, business practices or

business methods, or proposed business practices or methods. Failure to

comply with a lawful request of secretary shall be a ground for denying

an application for a license, or for revoking, suspending, or failing to

renew a license issued under this article.

2. For the purpose of enforcing the provisions of this article and

article seven-A of this chapter, and in making investigations relating

to any violation thereof, and for the purpose of investigating the

character, competency and integrity of the applicants or licensees

hereunder, and for the purpose of investigating the business, business

practices and business methods of any applicant or licensee, or of the

officers or agents thereof, the department of state, acting by such

officer or person in the department as the secretary of state may

designate, shall have the power to subpoena and bring before the officer

or person so designated any person in this state and require the

production of any books, records or papers which he deems relevant to

the inquiry and administer an oath to and take testimony of any person

or cause his deposition to be taken, except that any applicant or

licensee or officer or agent thereof shall not be entitled to fees

and/or mileage. A subpoena issued under this section shall be regulated

by the civil practice law and rules. Any person, duly subpoenaed, who

fails to obey such subpoena without reasonable cause or without such

cause refuses to be examined or to answer any legal or pertinent

question as to the character or qualification of such applicant or

licensee or such applicant's or licensee's business, business practices

and methods or such violations, shall be guilty of a misdemeanor. The

testimony of witnesses in any investigative proceeding shall be under

oath, which the secretary of state or one of his deputies, or a

subordinate of the department of state designated by the secretary of

state, may administer, and wilful false swearing in any such proceeding

shall be perjury.

3. Licensees hereunder must maintain such records as the secretary of

state by rule determines and in addition, the secretary may prescribe by

rule that further records be kept by certain classes of licensees.