§ 16-107 — Subpoenas, information and document production, enforcement procedures, referrals

§ 16-107. Subpoenas, information and document production, enforcement\nprocedures, referrals. 1. (a) In addition to all other powers provided\nby this article, the secretary or his or her designee shall have the\npower and authority to subpoena and require the attendance of witnesses\nand the production of books, papers, contracts and any other documents\npertaining to any investigation or hearing conducted pursuant to this\narticle. The secretary may issue such subpoenas on his or her own\ninitiative or at the request of the president.\n (b) If any person refuses to comply with a subpoena issued under this\nsection, the department may petition a court of competent jurisdiction\nto enforce the subpoena and such sanctions as the court may direct.\n (c) A subpoena issued under this subdivision shall be regulated by the\ncivil practice law and rules, and is in addition to and not in\nlimitation of the power to make information and document requests under\nsubdivision two of this section.\n 2. Any person that sells or offers for sale, leases or offers for\nlease, rents or offers for rent, or installs or offers to install,\nmanufactures or tests in New York state any new product of a type listed\nin paragraphs (a) through (xx) of subdivision one of section 16-104 of\nthis article, or any new product for which efficiency standards shall\nhave been established pursuant to paragraph (b) or (c) of subdivision\none of section 16-106 of this article, or any product that is subject to\nfederal efficiency standards that shall have been continued in this\nstate pursuant to section 16-105 of this article, shall be obliged, on\nthe request of the secretary or his or her designee, or the request of\nthe president or his or her designee, to supply the secretary and/or the\npresident with such information and documentation as may be required\nconcerning such person's business, business practices, or business\nmethods, or proposed business practices or methods. The obligations\ncontained in this subdivision shall not apply to any person that sells\nor offers for sale, leases or offers for lease, rents or offers for\nrent, or installs or offers to install only products described in\nsubdivision three of section 16-104 of this article. The power to make\ninformation and document requests is in addition to and not in\nlimitation of the power to issue subpoenas.\n 3. The secretary shall, before ordering the immediate cessation of any\ndistribution, sale or offer for sale, lease or offer to lease, rent or\noffer to rent, import or offer to import, or installation or offer of\ninstallation of any product, or imposing any civil penalty, injunctive\nrelief, or other relief pursuant to this article upon any person who is\nalleged to be in violation of any provision of this article or of any\nregulation adopted pursuant to this article, and at least ten days prior\nto the date set for the hearing, notify in writing and shall afford such\nperson an opportunity to be heard in person or by counsel in reference\nthereto. Such written notice may be served by delivery of same\npersonally, or by mailing same by certified mail to the last known\nbusiness address of such person, or by any method authorized by the\ncivil practice law and rules. The hearing on such charges shall be at\nsuch time and place as the department of state shall prescribe. A\nhearing held by this subdivision shall be held pursuant to the state\nadministrative procedure act, and any applicable regulations adopted by\nthe secretary.\n 4. A final action of the secretary in imposing a civil penalty, or\nother order, may be subject to review by a proceeding instituted under\narticle seventy-eight of the civil practice law and rules.\n 5. In addition to all other powers provided by this article, the\nsecretary and the president, are authorized, individually or jointly, to\nrefer the results of any investigation conducted by the president\npursuant to this article to the attorney general and to request the\nattorney general to institute, in the name of the secretary and/or the\npresident, an action or proceeding to enforce the provisions of this\narticle. The attorney general shall, at the request of the secretary or\npresident, or may, on his or her own initiative, institute proceedings\nto enforce the provisions of this article including the imposition of\ncivil penalties or injunctive relief. Nothing in this subdivision shall\nlimit or impair the power and authority of the secretary to conduct\nenforcement proceedings, to issue orders pursuant to paragraph (b) of\nsubdivision five of section 16-106 of this article, and to impose\npenalties pursuant to section 16-108 of this article.\n