NY Gen Bus L § 688 (2021)
2021 New York Laws GBS - General Business Article 33 - Franchises 688 - Investigations.

§  688.  Investigations. 1. Whenever it shall appear to the department of law, either upon complaint or otherwise, that any person has violated any provision of this article, the department:  (a) may make such investigations within or outside of this state as it deems necessary  to  determine  whether  any  person  has  violated  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 costs of all out of state travel and lodging expenses  relating to  investigations  by  the  department  of  persons  who  appear to the department to have violated any provision of this article shall be borne by such persons upon a judicial determination  that  said  persons  have committed  unlawful and fraudulent acts or practices, as defined in this article, or so much thereof as is deemed proper by the court.   3. The department is empowered to  subpoena  witnesses,  compel  their attendance,  examine them under oath before it or a court of record or a judge or justice thereof, and require the production  of  any  books  or papers which it 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 department under this article.   4. (a) No person is excused from  attending  and  testifying  or  from producing  a  document  or  record,  in obedience to the subpoena of the department or in a proceeding  instituted  by  the  department,  on  the ground  that  the  testimony  or  evidence,  documentary  or  otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture; but a person may not be prosecuted or subjected to a penalty of forfeiture for or on account of any  transaction,  matter,  or  thing concerning  which  he is compelled, after validly claiming his privilege against self-incrimination, to testify or produce evidence,  documentary or  otherwise,  except  that  the  person  testifying is not exempt from prosecution  and  punishment  for  perjury  or  contempt  committed   in testifying. The department shall compel such testimony or the production of   such   evidence  only  after  notifying  and  consulting  with  any appropriate local prosecuting authorities.  (b) No person shall be excused from attending such inquiry pursuant 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 fees and/or mileage shall not apply to any officer,  director,  salesman or other person in the employ of any person whose conduct or practice is being investigated.   5.  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 fails to perform any act required hereunder to be performed, he shall be  guilty  of  a  class  A misdemeanor punishable as provided in section six hundred ninety of this article.    6.  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 department 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 department 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 department the name of any witness examined or any other information obtained upon such inquiry except as directed by the department shall be guilty of a  class A  misdemeanor  punishable  as provided in section six hundred ninety of this article.