§ 708 — Investigatory powers

§ 708. Investigatory powers. For the purpose of all hearings and\ninvestigations, which, in the opinion of the board, are necessary and\nproper for the exercise of the powers vested in it by sections seven\nhundred five and seven hundred six,\n 1. The board, or its duly authorized agents or agencies, shall at all\nreasonable times have access to, for the purposes of examination, and\nthe right to examine, copy or photograph any evidence, including\npayrolls or lists of employees, of any person being investigated or\nproceeded against that relates to any matter under investigation or in\nquestion. The board shall have power to issue subpoenas requiring the\nattendance and testimony of witnesses and the production of any evidence\nthat relates to any matter under investigation or in question before the\nboard, its member, agent, or agency, conducting the hearing or\ninvestigation. Any member of the board, or any agent or agency\ndesignated by the board for such purposes, may administer oaths and\naffirmations, examine witnesses, and receive evidence.\n 2. If any witness resides outside of the state, or through illness or\nother cause is unable to testify before the board or its member, agent,\nor agency conducting the hearing or investigation, his or her testimony\nor deposition may be taken within or without this state, in such manner\nand in such form as the board or its member, agent or agency conducting\nthe hearing may by special order or general rule, prescribe.\n 3. In case of contumacy or refusal to obey a subpoena issued to any\nperson the supreme court of any county within the jurisdiction of which\nthe inquiry is carried on or within the jurisdiction of which said\nperson guilty of contumacy or refusal to obey is found or resides or\ntransacts business, upon application by the board shall have\njurisdiction to issue to such person an order requiring such person to\nappear before the board, its member, agent, or agency, there to produce\nevidence if so ordered, or there to give testimony touching the matter\nunder investigation or in question; and any failure to obey such order\nof the court may be punished by said court as a contempt thereof.\n 4. Upon any such investigation or hearing, the board, a member\nthereof, or any officer duly designated by the board to conduct such\ninvestigation or hearing, may confer immunity in accordance with the\nprovisions of section 50.20 of the criminal procedure law.\n * 5. Charges, petitions, orders, and other process and papers of the\nboard, its member, agent, or agency, may be served either personally or\nby regular mail or by leaving a copy thereof at the principal office or\nplace of business of the person required to be served. The verified\nreturn by the individual so serving the same setting forth the manner of\nsuch service shall be proof of the same, and the return post office\nreceipt therefor when registered and mailed as aforesaid shall be proof\nof service of the same. Witnesses summoned before the board, its member,\nagent, or agency shall be paid the same fees and mileage that are paid\nwitnesses in the courts of this state, and witnesses whose depositions\nare taken and the person taking the same shall severally be entitled to\nthe same fees as are paid for like services in the courts of this state.\nFinal orders issued by the board shall be served upon the parties by\nregistered or certified mail.\n * NB Effective until November 22, 2023\n * 5. Complaints, charges, petitions, orders, notices of hearing, and\nother process and papers of the board, parties appearing before the\nboard, its members, agents, or agency, may be served either personally\nor by regular mail or by leaving a copy thereof at the principal office\nor place of business of the person required to be served, provided that\nservice shall be effectuated by e-filing pursuant to section seven\nhundred eight-a of this article upon the effectiveness of such section,\nand further provided that until the effectiveness of section seven\nhundred eight-a of this article, parties shall provide courtesy copies\nof all process and papers served by regular mail to the recipient party\nby electronic mail to the electronic mailing address designated by the\nparty for such purpose unless the party can establish to the board that\nit does not have access to the means to send courtesy copies by\nelectronic mail or that it would impose an undue burden. The verified\nreturn or certificate of service by the individual so serving the same\nsetting forth the manner of such service shall be proof of the same, and\nthe return post office receipt therefor when registered and mailed as\naforesaid shall be proof of service of the same. Witnesses summoned\nbefore the board, its member, agent, or agency shall be paid the same\nfees and mileage that are paid witnesses in the courts of this state,\nand witnesses whose depositions are taken and the person taking the same\nshall severally be entitled to the same fees as are paid for like\nservices in the courts of this state. The board shall e-file all orders,\nnotices of hearing, and other process and papers originating from the\nboard pursuant to section seven hundred eight-a of this article upon the\neffectiveness of such section, provided that until the effectiveness of\nsection seven hundred eight-a of this article, the board shall serve\nfinal orders upon the parties by registered or certified mail and shall\nsend courtesy copies of such orders, notices of hearing, and other\nprocess and papers originating from the board by electronic mail upon\nall parties who have provided an electronic mailing address designated\nfor such purpose.\n * NB Effective November 22, 2023\n 6. All process of any court to which application may be made under\nthis article may be served in the county wherein the person or persons\nrequired to be served reside or may be found.\n 7. The several departments, commissions, divisions, authorities,\nboards, bureaus, agencies and officers of the state or any political\nsubdivision or agency thereof, shall furnish the board, upon its\nrequest, all records, papers, and information in their possession\nrelating to any matter before the board.\n 8. Subpoenas under this article shall be subject to paragraph (k) of\nsubdivision five of section two hundred five of the civil service law\nand the rules and regulations promulgated under paragraph (l) of\nsubdivision five of section two hundred five of the civil service law.\n