§ 73 — Enforcement of article; investigations

§ 73. Enforcement of article; investigations. 1. The secretary of\nstate shall have the power to enforce the provisions of this article and\narticle seven-A of this chapter and upon complaint of any person, or on\nhis own initiative, to investigate any violation thereof or to\ninvestigate the business, business practices and business methods of any\nperson, firm, limited liability company, partnership or corporation\napplying for or holding a license as a private investigator, bail\nenforcement agent or watch, guard or patrol agency, if in the opinion of\nthe secretary of state such investigation is warranted. Each such\napplicant or licensee shall be obliged, on request of the secretary of\nstate, to supply such information, books, papers or records as may be\nrequired concerning his, their or its business, business practices or\nbusiness methods, or proposed business practices or methods. Failure to\ncomply with a lawful request of secretary shall be a ground for denying\nan application for a license, or for revoking, suspending, or failing to\nrenew a license issued under this article.\n 2. For the purpose of enforcing the provisions of this article and\narticle seven-A of this chapter, and in making investigations relating\nto any violation thereof, and for the purpose of investigating the\ncharacter, competency and integrity of the applicants or licensees\nhereunder, and for the purpose of investigating the business, business\npractices and business methods of any applicant or licensee, or of the\nofficers or agents thereof, the department of state, acting by such\nofficer or person in the department as the secretary of state may\ndesignate, shall have the power to subpoena and bring before the officer\nor person so designated any person in this state and require the\nproduction of any books, records or papers which he deems relevant to\nthe inquiry and administer an oath to and take testimony of any person\nor cause his deposition to be taken, except that any applicant or\nlicensee or officer or agent thereof shall not be entitled to fees\nand/or mileage. A subpoena issued under this section shall be regulated\nby the civil practice law and rules. Any person, duly subpoenaed, who\nfails to obey such subpoena without reasonable cause or without such\ncause refuses to be examined or to answer any legal or pertinent\nquestion as to the character or qualification of such applicant or\nlicensee or such applicant's or licensee's business, business practices\nand methods or such violations, shall be guilty of a misdemeanor. The\ntestimony of witnesses in any investigative proceeding shall be under\noath, which the secretary of state or one of his deputies, or a\nsubordinate of the department of state designated by the secretary of\nstate, may administer, and wilful false swearing in any such proceeding\nshall be perjury.\n 3. Licensees hereunder must maintain such records as the secretary of\nstate by rule determines and in addition, the secretary may prescribe by\nrule that further records be kept by certain classes of licensees.\n