N.Y. ACA Law § 23.05 — New York Code / Act ACA / Title F / Article 23 / Section 23.05
Investigations
Status: in_force

§ 23.05. Investigations. 1. Whenever it shall appear to the attorney\ngeneral either upon complaint or otherwise that any person has violated\nor is about to violate any provision of this article, or that he\nbelieves it necessary to aid in the enforcement of this article or in\nthe prescribing of rules or regulations hereunder, the attorney general:\n  (a) May make such public or private investigations within or outside\nof this state as he deems necessary to determine whether any person has\nviolated or is about to violate any provision of this article or any\nrule or regulation hereunder, or to aid in the enforcement of this\narticle or in the prescribing of rules and forms hereunder; and\n  (b) May require or permit any person to file a statement in writing,\nunder oath or otherwise as the attorney general determines, as to all\nthe facts and circumstances concerning the matter to be investigated.\n  2. The attorney general, or any officer designated by him, is\nempowered to subpoena witnesses, compel their attendance, examine them\nunder oath before him or a court of record or a judge or justice\nthereof, and require the production of any books or papers which he\ndeems relevant or material to the inquiry. Such power of subpoena and\nexamination shall not abate or terminate by reason of any action or\nproceeding brought by the attorney general under this article.\n  3. No person shall be excused from attending such inquiry in pursuance\nto the mandate of a subpoena, or from producing a paper or book, or from\nbeing examined or required to answer a question on the ground of failure\nof tender or payment of a witness fee and/or mileage, unless at the time\nof such appearance or production, as the case may be, such witness makes\ndemand for such payment as a condition precedent to the offering of\ntestimony or production required by the subpoena and unless such payment\nis not thereupon made. The provision for payment of witness fee and/or\nmileage shall not apply to any officer, director or person in the employ\nof any person, partnership, corporation, company, trust or association\nwhose conduct or practices are being investigated.\n  4. If a person subpoenaed to attend such inquiry fails to obey the\ncommand of a subpoena without reasonable cause, or if a person in\nattendance upon such inquiry shall without reasonable cause refuse to be\nsworn or to be examined or to answer a question or to produce and permit\nreasonable examination of a book or paper when ordered so to do by the\nofficer conducting such inquiry, or if a person, partnership,\ncorporation, company, trust or association fails to perform any act\nrequired hereunder to be performed, he shall be guilty of a misdemeanor.\n  5. It shall be the duty of all public officers, their deputies,\nassistants, subordinates, clerks or employees and all other persons to\nrender and furnish to the attorney general or other designated officer\nwhen requested all information and assistance in their possession or\nwithin their power with respect to all matters being investigated by the\nattorney general under this article. Any officer participating in such\ninquiry and any person examined as a witness upon such inquiry who shall\ndisclose to any person other than his attorney or the attorney general\nthe name of any witness examined or any other information obtained upon\nsuch inquiry except as directed by the attorney general shall be guilty\nof a misdemeanor.\n