§ 73 — Code of fair procedure for investigating agencies

New York § 73

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 7: Miscellaneous Rights and Immunities

Text

§ 73. Code of fair procedure for investigating agencies. 1. As used in\nthis section the following terms shall mean and include:\n (a) "Agency". A standing or select committee of either house of the\nlegislature or a joint committee of both houses; a duly authorized\nsubcommittee of any such legislative committee; the commissioner of\ninvestigation acting pursuant to section eleven of the executive law; a\ncommissioner appointed by the governor acting pursuant to section six of\nthe executive law; the attorney general acting pursuant to subdivision\neight of section sixty-three of the executive law; any temporary state\ncommission or any duly authorized subcommittee thereof which has the\npower to require testimony or the production of evidence by subpoena or\nother compulsory process in an investigation being conducted by it; and\nany standing or select committee, or subcommittee thereof, of the\nconstitutional convention to be held in the year nineteen hundred\nsixty-seven.\n (b) "Hearing". Any hearing in the course of an investigatory\nproceeding (other than a preliminary conference or interview at which no\ntestimony is taken under oath) conducted before an agency at which\ntestimony or the production of other evidence may be compelled by\nsubpoena or other compulsory process.\n (c) "Public hearing". Any hearing open to the public, or any hearing,\nor such part thereof, as to which testimony or other evidence is made\navailable or disseminated to the public by the agency.\n (d) "Private hearing". Any hearing other than a public hearing.\n 2. No person may be required to appear at a hearing or to testify at a\nhearing unless there has been personally served upon him prior to the\ntime when he is required to appear, a copy of this section, and a\ngeneral statement of the subject of the investigation. A copy of the\nresolution, statute, order or other provision of law authorizing the\ninvestigation shall be furnished by the agency upon request therefor by\nthe person summoned.\n 3. A witness summoned to a hearing shall have the right to be\naccompanied by counsel, who shall be permitted to advise the witness of\nhis rights, subject to reasonable limitations to prevent obstruction of\nor interference with the orderly conduct of the hearing. Counsel for any\nwitness who testifies at a public hearing may submit proposed questions\nto be asked of the witness relevant to the matters upon which the\nwitness has been questioned and the agency shall ask the witness such of\nthe questions as it may deem appropriate to its inquiry.\n 4. A complete and accurate record shall be kept of each public hearing\nand a witness shall be entitled to receive a copy of his testimony at\nsuch hearing at his own expense. Where testimony which a witness has\ngiven at a private hearing becomes relevant in a criminal proceeding in\nwhich the witness is a defendant, or in any subsequent hearing in which\nthe witness is summoned to testify, the witness shall be entitled to a\ncopy of such testimony, at his own expense, provided the same is\navailable, and provided further that the furnishing of such copy will\nnot prejudice the public safety or security.\n 5. A witness who testifies at any hearing shall have the right at the\nconclusion of his examination to file a brief sworn statement relevant\nto his testimony for incorporation in the record of the investigatory\nproceeding.\n 6. Any person whose name is mentioned or who is specifically\nidentified and who believes that testimony or other evidence given at a\npublic hearing or comment made by any member of the agency or its\ncounsel at such a hearing tends to defame him or otherwise adversely\naffect his reputation shall have the right, either to appear personally\nbefore the agency and testify in his own behalf as to matters relevant\nto the testimony or other evidence complained of, or in the alternative\nat the option of the agency, to file a statement of facts under oath\nrelating solely to matters relevant to the testimony or other evidence\ncomplained of, which statement shall be incorporated in the record of\nthe investigatory proceeding.\n 7. Nothing herein contained shall be construed to prevent an agency\nfrom granting to witnesses appearing before it, or to persons who claim\nto be adversely affected by testimony or other evidence adduced before\nit, such further rights and privileges as it may determine.\n 8. Except in the course of a subsequent hearing which is open to the\npublic, no testimony or other evidence adduced at a private hearing or\npreliminary conference or interview conducted before a single-member\nagency in the course of its investigation shall be disseminated or made\navailable to the public by said agency, its counsel or employees without\nthe approval of the head of the agency. Except in the course of a\nsubsequent hearing open to the public, no testimony or other evidence\nadduced at a private hearing or preliminary conference or interview\nbefore a committee or other multi-member investigating agency shall be\ndisseminated or made available to the public by any member of the\nagency, its counsel or employees, except with the approval of a majority\nof the members of such agency. Any person who violates the provisions of\nthis subdivision shall be guilty of a misdemeanor.\n 9. No temporary state commission having more than two members shall\nhave the power to take testimony at a public or private hearing unless\nat least two of its members are present at such hearing.\n 10. Nothing herein contained shall be construed to effect, diminish or\nimpair the right, under any other provision of law, rule or custom, of\nany member or group of members of a committee or other multi-member\ninvestigating agency to file a statement or statements of minority views\nto accompany and be released with or subsequent to the report of the\ncommittee or agency.\n