§ 499-D — Functions; powers and duties

§ 499-d. Functions; powers and duties. The commission shall have the\nfollowing functions, powers and duties:\n 1. To conduct hearings and investigations, administer oaths or\naffirmations, subpoena witnesses, compel their attendance, examine them\nunder oath or affirmation and require the production of any books,\nrecords, documents or other evidence that it may deem relevant or\nmaterial to an investigation; and the commission may designate any of\nits members or any member of its staff to exercise any such powers,\nprovided, however, that except as is otherwise provided in section four\nhundred ninety-nine-e of this article, only a member of the commission\nor the administrator shall exercise the power to subpoena witnesses or\nrequire the production of books, records, documents or other evidence.\nIn accordance with section twenty-three hundred four of the civil\npractice law and rules, a request to withdraw or modify a subpoena\nissued pursuant to this article may be made to the person who issued it\nand/or to the commission. The prosecuting agency may inform the\ncommission, by affirmation with specificity and particularity, in a form\nand manner in which shall be prescribed by the commission, of its\nposition that the commission's investigations will substantially\ninterfere with the agency's own criminal investigation. If the\nprosecuting agency informs the commission of its basis for that\nposition, the commission shall only exercise its powers in a way that\nwill not interfere with an agency's active investigation or prosecution\nand in no event shall the commission exercise its powers prior to the\nearlier of: (a) the filing of an accusatory instrument with respect to\nthe crime or crimes that led to such prosecuting agency's investigation\nand underlie the complaint; or (b) one year from the commencement of the\noccurrence of the crime or crimes that led to such prosecuting agency's\ninvestigation and underlie the complaint.\n 2. To confer immunity when the commission deems it necessary and\nproper in accordance with section 50.20 of the criminal procedure law;\nprovided, however, that at least forty-eight hours prior written notice\nof the commission's intention to confer such immunity is given the\nattorney general and the appropriate district attorney.\n 3. To request and receive from any court, department, division, board,\nbureau, commission, or other agency of the state or political\nsubdivision thereof or any public authority such assistance, information\nand data as will enable it properly to carry out its functions, powers\nand duties.\n 4. To report annually, on or before the first day of March in each\nyear and at such other times as the commission shall deem necessary, to\nthe governor, the legislature and the chief judge of the court of\nappeals, with respect to proceedings which have been finally determined\nby the commission. Such reports may include legislative and\nadministrative recommendations. The contents of the annual report and\nany other report shall conform to the provisions of this article\nrelating to confidentiality.\n 5. To adopt, promulgate, amend and rescind rules and procedures, not\notherwise inconsistent with law, necessary to carry out the provisions\nand purposes of this article. All such rules and procedures shall be\nfiled in the offices of the chief administrator of the courts and the\nsecretary of state.\n 6. To do all other things necessary and convenient to carry out its\nfunctions, powers and duties expressly set forth in this article.\n