NY Transp L § 115 (2021)
2021 New York Laws TRA - Transportation Article 5 - The Powers of the Commissioner in Respect to Common Carriers 115 - General Powers and Duties of Commissioner in Respect to Common Carriers.

§ 115. General  powers and duties of commissioner in respect to common carriers.  1.  The  commissioner  shall  have  power  and  authority  to administer  oaths,  in  all parts of the state, to witnesses summoned to testify in any inquiry, investigation, hearing or proceedings; and  also to  administer  oaths in all parts of the state whenever the exercise of such  power  is  incidentally  necessary  or  proper   to   enable   the commissioner  to  perform  a  duty or to exercise a power. An officer or employee  of  the  department  specially  authorized   to   conduct   an investigation  or  hearing  shall  have  power  to  administer  oaths to witnesses subpoenaed to testify before him.   2. (a) The commissioner shall have  the  general  supervision  of  all common carriers subject to his jurisdiction as hereinbefore defined, and shall  have  power to and shall examine the same and keep informed as to their general condition, their capitalization, their franchises and  the manner  in  which their lines and property, owned, leased, controlled or operated, are managed, conducted and operated, not only with respect  to the  adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all provisions of law, orders of the commissioner  and  charter  requirements.  The  commissioner,  or responsible  engineers  or inspectors duly authorized by him, shall have power to enter in or  upon  and  to  inspect  the  property,  equipment, buildings,  plants,  factories,  power-houses and offices of any of such companies or persons, including the right for such inspection purpose to ride upon any freight locomotive or train or any passenger locomotive or train while in service; and to have upon reasonable notice the use of an inspection locomotive or special locomotive and  inspection  car  for  a physical  inspection once annually of all the lines and stations of each common carrier under his  supervision;  and  to  the  extent  that  such facilities  for  inspection  involve transportation the commissioner and each such employee shall pay the published one-way fare  established  by the  common  carrier  for  the  transportation  of  persons  by  regular passenger trains over the distance covered by such inspection.  The cost of such transportation, if the commissioner so elects, may be paid  upon bill  rendered  to  the  commissioner  after the transportation has been furnished and the amount thereof  ascertained.  The  commissioner  shall also  have  general  powers  and authority with respect to the abatement except by change of motive power of all nuisances  arising  outside  the corporate  limits  of  a  city  from  the  generation of smoke, soot, or cinders, incident to the  operation  of  such  railroads,  and  railroad companies.  (b)  The  commissioner shall promulgate rules and regulations relating to railroad electric power substations  which  shall  provide  for  safe ingress to and egress from such substations with relation to surrounding areas. Such rules and regulations shall also establish safety guidelines which  when  implemented  will  assure  that  such  substations  will be maintained under conditions of reasonable security  and  optimum  safety not only for persons authorized for ingress to such substations but also for persons unauthorized for such ingress.   3.  The  commissioner  or  officer or employee specially authorized to conduct an investigation or hearing shall  have  power  to  examine  all books,  contracts,  records,  documents  and  papers  of  any  person or corporation subject to his supervision, and by subpoena duces  tecum  to compel  production thereof. In lieu of requiring production of originals by subpoena duces tecum, the commissioner may require  sworn  copies  of any  such  books,  records,  contracts,  documents  and  papers or parts thereof to be filed with him.