§ 306 — Attendance of witnesses; production of documents and records

New York § 306

• Jurisdiction: New York
• Law FIS: Financial Services Law
• Art. 3: Administrative and Procedural Provisions

Text

§ 306. Attendance of witnesses; production of documents and records.\n(a) The superintendent or the person authorized by the superintendent to\nconduct a hearing or investigation shall have power to subpoena\nwitnesses, compel the attendance of witnesses, administer oaths, examine\nany person under oath, and to compel any person to subscribe to his or\nher testimony after it has been correctly reduced to writing, and in\nconnection therewith to require the production of any books, papers,\nrecords, correspondence or other documents which the superintendent\ndeems relevant to the inquiry. A subpoena issued under this section\nshall be regulated by the civil practice law and rules.\n (b) No person subject to the provisions of this chapter, the insurance\nlaw or the banking law whose conduct, condition or practices are being\ninvestigated, and no officer, director or employee of any such person,\nshall be entitled to witness or mileage fees.\n (c) In addition to the liabilities and punishment prescribed by the\ncivil practice law and rules, any person who, without just cause fails\nor refuses to attend and testify or to answer any lawful inquiry or to\nproduce any books, papers or records in obedience to a subpoena issued\nby the superintendent shall be guilty of a misdemeanor.\n (d) Every regulated person under this chapter, the insurance law or\nthe banking law who is given a notice of hearing pursuant to this\nchapter shall upon the service of a notice to produce books and records,\nwhen attached to the notice of hearing or mailed subsequently thereto in\nthe same manner as the notice of hearing, pursuant to such notice,\nproduce at the hearing the books, records and documents enumerated\ntherein.\n