23.05 - Investigations. - New York Statutes

§ 23.05. Investigations. 1. Whenever it shall appear to the attorney general either upon complaint or otherwise that any person has violated or is about to violate any provision of this article, or that he believes it necessary to aid in the enforcement of this article or in the prescribing of rules or regulations hereunder, the attorney general: (a) May make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate any provision of this article or any rule or regulation hereunder, or to aid in the enforcement of this article or in the prescribing of rules and forms hereunder; and (b) May require or permit any person to file a statement in writing, under oath or otherwise as the attorney general determines, as to all the facts and circumstances concerning the matter to be investigated. 2. The attorney general, or any officer designated by him, is empowered to subpoena witnesses, compel their attendance, examine them under oath before him or a court of record or a judge or justice thereof, and require the production of any books or papers which he deems relevant or material to the inquiry. Such power of subpoena and examination shall not abate or terminate by reason of any action or proceeding brought by the attorney general under this article. 3. No person shall be excused from attending such inquiry in pursuance to the mandate of a subpoena, or from producing a paper or book, or from being examined or required to answer a question on the ground of failure of tender or payment of a witness fee and/or mileage, unless at the time of such appearance or production, as the case may be, such witness makes demand for such payment as a condition precedent to the offering of testimony or production required by the subpoena and unless such payment is not thereupon made. The provision for payment of witness fee and/or mileage shall not apply to any officer, director or person in the employ of any person, partnership, corporation, company, trust or association whose conduct or practices are being investigated. 4. If a person subpoenaed to attend such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall without reasonable cause refuse to be sworn or to be examined or to answer a question or to produce and permit reasonable examination of a book or paper when ordered so to do by the officer conducting such inquiry, or if a person, partnership, corporation, company, trust or association fails to perform any act required hereunder to be performed, he shall be guilty of a misdemeanor. 5. It shall be the duty of all public officers, their deputies, assistants, subordinates, clerks or employees and all other persons to render and furnish to the attorney general or other designated officer when requested all information and assistance in their possession or within their power with respect to all matters being investigated by the attorney general under this article. Any officer participating in such inquiry and any person examined as a witness upon such inquiry who shall disclose to any person other than his attorney or the attorney general the name of any witness examined or any other information obtained upon such inquiry except as directed by the attorney general shall be guilty of a misdemeanor.