N.Y. Transportation Law § 87: Attendance of witnesses and their fees

§ 87. Attendance of witnesses and their fees. 1. The commissioner, or

an employee of the department duly designated, shall have power to issue

subpoenas and subpoenas duces tecum. All subpoenas shall be signed and

issued by the commissioner or by an officer or employee of the

department specially authorized to conduct an investigation or hearing.

The fees of witnesses required to attend before the commissioner, or an

officer or employee of the department specially authorized to conduct an

investigation or hearing, shall be the same as in the case of a subpoena

issued out of a court of record, and paid when the witness is excused

from further attendance. Except as is herein provided subpoenas shall be

regulated by the civil practice law and rules. Whenever a subpoena is

issued at the instance of a complainant, respondent or other party to

any proceeding before the commissioner, or an officer or employee of the

department specially authorized to conduct an investigation or hearing,

the cost of service thereof and the fee of the witness shall be borne by

the party at whose instance the witness is summoned.

2. If a person subpoenaed to attend before the commissioner, or an

officer or employee of the department specially authorized to conduct an

investigation or hearing, fails to obey the command of such subpoena,

without reasonable cause, or if a person in attendance shall, without

reasonable cause, refuse to be sworn or to be examined or to answer a

question or to produce a book or papers, when ordered so to do by the

commissioner or an officer or employee of the department specially

authorized to conduct an investigation or hearing, or to subscribe and

swear to his deposition after it has been correctly reduced to writing,

he shall be guilty of a misdemeanor.