N.Y. Labor Law § 708: Investigatory powers

§ 708. Investigatory powers. For the purpose of all hearings and

investigations, which, in the opinion of the board, are necessary and

proper for the exercise of the powers vested in it by sections seven

hundred five and seven hundred six,

1. The board, or its duly authorized agents or agencies, shall at all

reasonable times have access to, for the purposes of examination, and

the right to examine, copy or photograph any evidence, including

payrolls or lists of employees, of any person being investigated or

proceeded against that relates to any matter under investigation or in

question. The board shall have power to issue subpoenas requiring the

attendance and testimony of witnesses and the production of any evidence

that relates to any matter under investigation or in question before the

board, its member, agent, or agency, conducting the hearing or

investigation. Any member of the board, or any agent or agency

designated by the board for such purposes, may administer oaths and

affirmations, examine witnesses, and receive evidence.

2. If any witness resides outside of the state, or through illness or

other cause is unable to testify before the board or its member, agent,

or agency conducting the hearing or investigation, his or her testimony

or deposition may be taken within or without this state, in such manner

and in such form as the board or its member, agent or agency conducting

the hearing may by special order or general rule, prescribe.

3. In case of contumacy or refusal to obey a subpoena issued to any

person the supreme court of any county within the jurisdiction of which

the inquiry is carried on or within the jurisdiction of which said

person guilty of contumacy or refusal to obey is found or resides or

transacts business, upon application by the board shall have

jurisdiction to issue to such person an order requiring such person to

appear before the board, its member, agent, or agency, there to produce

evidence if so ordered, or there to give testimony touching the matter

under investigation or in question; and any failure to obey such order

of the court may be punished by said court as a contempt thereof.

4. Upon any such investigation or hearing, the board, a member

thereof, or any officer duly designated by the board to conduct such

investigation or hearing, may confer immunity in accordance with the

provisions of section 50.20 of the criminal procedure law.

* 5. Charges, petitions, orders, and other process and papers of the

board, its member, agent, or agency, may be served either personally or

by regular mail or by leaving a copy thereof at the principal office or

place of business of the person required to be served. The verified

return by the individual so serving the same setting forth the manner of

such service shall be proof of the same, and the return post office

receipt therefor when registered and mailed as aforesaid shall be proof

of service of the same. Witnesses summoned before the board, its member,

agent, or agency shall be paid the same fees and mileage that are paid

witnesses in the courts of this state, and witnesses whose depositions

are taken and the person taking the same shall severally be entitled to

the same fees as are paid for like services in the courts of this state.

Final orders issued by the board shall be served upon the parties by

registered or certified mail.

* NB Effective until November 22, 2023

* 5. Complaints, charges, petitions, orders, notices of hearing, and

other process and papers of the board, parties appearing before the

board, its members, agents, or agency, may be served either personally

or by regular mail or by leaving a copy thereof at the principal office

or place of business of the person required to be served, provided that

service shall be effectuated by e-filing pursuant to section seven

hundred eight-a of this article upon the effectiveness of such section,

and further provided that until the effectiveness of section seven

hundred eight-a of this article, parties shall provide courtesy copies

of all process and papers served by regular mail to the recipient party

by electronic mail to the electronic mailing address designated by the

party for such purpose unless the party can establish to the board that

it does not have access to the means to send courtesy copies by

electronic mail or that it would impose an undue burden. The verified

return or certificate of service by the individual so serving the same

setting forth the manner of such service shall be proof of the same, and

the return post office receipt therefor when registered and mailed as

aforesaid shall be proof of service of the same. Witnesses summoned

before the board, its member, agent, or agency shall be paid the same

fees and mileage that are paid witnesses in the courts of this state,

and witnesses whose depositions are taken and the person taking the same

shall severally be entitled to the same fees as are paid for like

services in the courts of this state. The board shall e-file all orders,

notices of hearing, and other process and papers originating from the

board pursuant to section seven hundred eight-a of this article upon the

effectiveness of such section, provided that until the effectiveness of

section seven hundred eight-a of this article, the board shall serve

final orders upon the parties by registered or certified mail and shall

send courtesy copies of such orders, notices of hearing, and other

process and papers originating from the board by electronic mail upon

all parties who have provided an electronic mailing address designated

for such purpose.

* NB Effective November 22, 2023

6. All process of any court to which application may be made under

this article may be served in the county wherein the person or persons

required to be served reside or may be found.

7. The several departments, commissions, divisions, authorities,

boards, bureaus, agencies and officers of the state or any political

subdivision or agency thereof, shall furnish the board, upon its

request, all records, papers, and information in their possession

relating to any matter before the board.

8. Subpoenas under this article shall be subject to paragraph (k) of

subdivision five of section two hundred five of the civil service law

and the rules and regulations promulgated under paragraph (l) of

subdivision five of section two hundred five of the civil service law.