N.Y. Judiciary Law § 499-d: Functions; powers and duties

§ 499-d. Functions; powers and duties. The commission shall have the

following functions, powers and duties:

1. To conduct hearings and investigations, administer oaths or

affirmations, subpoena witnesses, compel their attendance, examine them

under oath or affirmation and require the production of any books,

records, documents or other evidence that it may deem relevant or

material to an investigation; and the commission may designate any of

its members or any member of its staff to exercise any such powers,

provided, however, that except as is otherwise provided in section four

hundred ninety-nine-e of this article, only a member of the commission

or the administrator shall exercise the power to subpoena witnesses or

require the production of books, records, documents or other evidence.

In accordance with section twenty-three hundred four of the civil

practice law and rules, a request to withdraw or modify a subpoena

issued pursuant to this article may be made to the person who issued it

and/or to the commission. The prosecuting agency may inform the

commission, by affirmation with specificity and particularity, in a form

and manner in which shall be prescribed by the commission, of its

position that the commission's investigations will substantially

interfere with the agency's own criminal investigation. If the

prosecuting agency informs the commission of its basis for that

position, the commission shall only exercise its powers in a way that

will not interfere with an agency's active investigation or prosecution

and in no event shall the commission exercise its powers prior to the

earlier of: (a) the filing of an accusatory instrument with respect to

the crime or crimes that led to such prosecuting agency's investigation

and underlie the complaint; or (b) one year from the commencement of the

occurrence of the crime or crimes that led to such prosecuting agency's

investigation and underlie the complaint.

2. To confer immunity when the commission deems it necessary and

proper in accordance with section 50.20 of the criminal procedure law;

provided, however, that at least forty-eight hours prior written notice

of the commission's intention to confer such immunity is given the

attorney general and the appropriate district attorney.

3. To request and receive from any court, department, division, board,

bureau, commission, or other agency of the state or political

subdivision thereof or any public authority such assistance, information

and data as will enable it properly to carry out its functions, powers

and duties.

4. To report annually, on or before the first day of March in each

year and at such other times as the commission shall deem necessary, to

the governor, the legislature and the chief judge of the court of

appeals, with respect to proceedings which have been finally determined

by the commission. Such reports may include legislative and

administrative recommendations. The contents of the annual report and

any other report shall conform to the provisions of this article

relating to confidentiality.

5. To adopt, promulgate, amend and rescind rules and procedures, not

otherwise inconsistent with law, necessary to carry out the provisions

and purposes of this article. All such rules and procedures shall be

filed in the offices of the chief administrator of the courts and the

secretary of state.

6. To do all other things necessary and convenient to carry out its

functions, powers and duties expressly set forth in this article.