§ 688 — Investigations

New York § 688

• Jurisdiction: New York
• Law GBS: General Business
• Art. 33: Franchises

Text

§ 688. Investigations. 1. Whenever it shall appear to the department\nof law, either upon complaint or otherwise, that any person has violated\nany provision of this article, the department:\n (a) may make such investigations within or outside of this state as it\ndeems necessary to determine whether any person has violated any\nprovision of this article or any rule or regulation hereunder, or to aid\nin the enforcement of this article or in the prescribing of rules and\nforms hereunder, and\n (b) may require or permit any person to file a statement in writing,\nunder oath or otherwise as the attorney general determines, as to all\nthe facts and circumstances concerning the matter to be investigated.\n 2. The costs of all out of state travel and lodging expenses relating\nto investigations by the department of persons who appear to the\ndepartment to have violated any provision of this article shall be borne\nby such persons upon a judicial determination that said persons have\ncommitted unlawful and fraudulent acts or practices, as defined in this\narticle, or so much thereof as is deemed proper by the court.\n 3. The department is empowered to subpoena witnesses, compel their\nattendance, examine them under oath before it or a court of record or a\njudge or justice thereof, and require the production of any books or\npapers which it deems relevant or material to the inquiry. Such power of\nsubpoena and examination shall not abate or terminate by reason of any\naction or proceeding brought by the department under this article.\n 4. (a) No person is excused from attending and testifying or from\nproducing a document or record, in obedience to the subpoena of the\ndepartment or in a proceeding instituted by the department, on the\nground that the testimony or evidence, documentary or otherwise,\nrequired of him may tend to incriminate him or subject him to penalty or\nforfeiture; but a person may not be prosecuted or subjected to a penalty\nof forfeiture for or on account of any transaction, matter, or thing\nconcerning which he is compelled, after validly claiming his privilege\nagainst self-incrimination, to testify or produce evidence, documentary\nor otherwise, except that the person testifying is not exempt from\nprosecution and punishment for perjury or contempt committed in\ntestifying. The department shall compel such testimony or the production\nof such evidence only after notifying and consulting with any\nappropriate local prosecuting authorities.\n (b) No person shall be excused from attending such inquiry pursuant to\nthe mandate of a subpoena, or from producing a paper or book, or from\nbeing examined or required to answer a question, on the ground of\nfailure of tender or payment of a witness fee and/or mileage, unless at\nthe time of such appearance or production, as the case may be, such\nwitness makes demand for such payment as a condition precedent to the\noffering of testimony or production required by the subpoena and unless\nsuch payment is not thereupon made. The provision for payment of witness\nfees and/or mileage shall not apply to any officer, director, salesman\nor other person in the employ of any person whose conduct or practice is\nbeing investigated.\n 5. If a person subpoenaed to attend such inquiry fails to obey the\ncommand of a subpoena without reasonable cause, or if a person in\nattendance upon such inquiry shall without reasonable cause refuse to be\nsworn or to be examined or to answer a question or to produce and permit\nreasonable examination of a book or paper when ordered so to do by the\nofficer conducting such inquiry, or if a person fails to perform any act\nrequired hereunder to be performed, he shall be guilty of a class A\nmisdemeanor punishable as provided in section six hundred ninety of this\narticle.\n 6. It shall be the duty of all public officers, their deputies,\nassistants, subordinates, clerks or employees and all other persons to\nrender and furnish to the department or other designated officer when\nrequested all information and assistance in their possession or within\ntheir power with respect to all matters being investigated by the\ndepartment under this article. Any officer participating in such inquiry\nand any person examined as a witness upon such inquiry who shall\ndisclose to any person other than his attorney or the department the\nname of any witness examined or any other information obtained upon such\ninquiry except as directed by the department shall be guilty of a class\nA misdemeanor punishable as provided in section six hundred ninety of\nthis article.\n