§ 87 — Attendance of witnesses and their fees

New York § 87

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 3: Jurisdiction of Commissioner; Proceedings Before Commissioner; Recovery of Penalties; Court Preferences; Fees

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§ 87. Attendance of witnesses and their fees. 1. The commissioner, or\nan employee of the department duly designated, shall have power to issue\nsubpoenas and subpoenas duces tecum. All subpoenas shall be signed and\nissued by the commissioner or by an officer or employee of the\ndepartment specially authorized to conduct an investigation or hearing.\nThe fees of witnesses required to attend before the commissioner, or an\nofficer or employee of the department specially authorized to conduct an\ninvestigation or hearing, shall be the same as in the case of a subpoena\nissued out of a court of record, and paid when the witness is excused\nfrom further attendance. Except as is herein provided subpoenas shall be\nregulated by the civil practice law and rules. Whenever a subpoena is\nissued at the instance of a complainant, respondent or other party to\nany proceeding before the commissioner, or an officer or employee of the\ndepartment specially authorized to conduct an investigation or hearing,\nthe cost of service thereof and the fee of the witness shall be borne by\nthe party at whose instance the witness is summoned.\n 2. If a person subpoenaed to attend before the commissioner, or an\nofficer or employee of the department specially authorized to conduct an\ninvestigation or hearing, fails to obey the command of such subpoena,\nwithout reasonable cause, or if a person in attendance shall, without\nreasonable cause, refuse to be sworn or to be examined or to answer a\nquestion or to produce a book or papers, when ordered so to do by the\ncommissioner or an officer or employee of the department specially\nauthorized to conduct an investigation or hearing, or to subscribe and\nswear to his deposition after it has been correctly reduced to writing,\nhe shall be guilty of a misdemeanor.\n