2023 New York Laws › CVR - Civil Rights › Article 7 - Miscellaneous Rights and Immunities › 73 - Code of Fair Procedure for Investigating Agencies.

§ 73. Code of fair procedure for investigating agencies. 1. As used in
this section the following terms shall mean and include:
(a)  "Agency".  A  standing or select committee of either house of the
legislature or a joint committee  of  both  houses;  a  duly  authorized
subcommittee  of  any  such  legislative  committee; the commissioner of
investigation acting pursuant to section eleven of the executive law;  a
commissioner appointed by the governor acting pursuant to section six of
the  executive  law; the attorney general acting pursuant to subdivision
eight of section sixty-three of the executive law; any  temporary  state
commission  or  any  duly  authorized subcommittee thereof which has the
power to require testimony or the production of evidence by subpoena  or
other  compulsory process in an investigation being conducted by it; and
any standing or  select  committee,  or  subcommittee  thereof,  of  the
constitutional  convention  to  be  held  in  the  year nineteen hundred
sixty-seven.
(b)  "Hearing".  Any  hearing  in  the  course  of  an   investigatory
proceeding (other than a preliminary conference or interview at which no
testimony  is  taken  under  oath)  conducted  before an agency at which
testimony or the production  of  other  evidence  may  be  compelled  by
subpoena or other compulsory process.
(c)  "Public hearing". Any hearing open to the public, or any hearing,
or such part thereof, as to which testimony or other  evidence  is  made
available or disseminated to the public by the agency.
(d) "Private hearing". Any hearing other than a public hearing.
2. No person may be required to appear at a hearing or to testify at a
hearing  unless  there  has been personally served upon him prior to the
time when he is required to appear,  a  copy  of  this  section,  and  a
general  statement  of  the  subject of the investigation. A copy of the
resolution, statute, order or other provision  of  law  authorizing  the
investigation  shall be furnished by the agency upon request therefor by
the person summoned.
3. A witness summoned  to  a  hearing  shall  have  the  right  to  be
accompanied  by counsel, who shall be permitted to advise the witness of
his rights, subject to reasonable limitations to prevent obstruction  of
or interference with the orderly conduct of the hearing. Counsel for any
witness  who testifies at a public hearing may submit proposed questions
to be asked of the witness  relevant  to  the  matters  upon  which  the
witness has been questioned and the agency shall ask the witness such of
the questions as it may deem appropriate to its inquiry.
4. A complete and accurate record shall be kept of each public hearing
and  a  witness  shall be entitled to receive a copy of his testimony at
such hearing at his own expense. Where testimony  which  a  witness  has
given  at a private hearing becomes relevant in a criminal proceeding in
which the witness is a defendant, or in any subsequent hearing in  which
the  witness  is summoned to testify, the witness shall be entitled to a
copy of such testimony,  at  his  own  expense,  provided  the  same  is
available,  and  provided  further that the furnishing of such copy will
not prejudice the public safety or security.
5. A witness who testifies at any hearing shall have the right at  the
conclusion  of  his examination to file a brief sworn statement relevant
to his testimony for incorporation in the record  of  the  investigatory
proceeding.
6.  Any  person  whose  name  is  mentioned  or  who  is  specifically
identified and who believes that testimony or other evidence given at  a
public  hearing  or  comment  made  by  any  member of the agency or its
counsel at such a hearing tends to defame  him  or  otherwise  adversely
affect  his reputation shall have the right, either to appear personally
before the agency and testify in his own behalf as to  matters  relevant

to  the testimony or other evidence complained of, or in the alternative
at the option of the agency, to file a statement  of  facts  under  oath
relating  solely  to matters relevant to the testimony or other evidence
complained  of,  which  statement shall be incorporated in the record of
the investigatory proceeding.
7. Nothing herein contained shall be construed to  prevent  an  agency
from  granting to witnesses appearing before it, or to persons who claim
to be adversely affected by testimony or other evidence  adduced  before
it, such further rights and privileges as it may determine.
8.  Except  in the course of a subsequent hearing which is open to the
public, no testimony or other evidence adduced at a private  hearing  or
preliminary  conference  or  interview  conducted before a single-member
agency in the course of its investigation shall be disseminated or  made
available to the public by said agency, its counsel or employees without
the  approval  of  the  head  of the agency.   Except in the course of a
subsequent hearing open to the public, no testimony  or  other  evidence
adduced  at  a  private  hearing  or preliminary conference or interview
before a committee or other multi-member investigating agency  shall  be
disseminated  or  made  available  to  the  public  by any member of the
agency, its counsel or employees, except with the approval of a majority
of the members of such agency. Any person who violates the provisions of
this subdivision shall be guilty of a misdemeanor.
9. No temporary state commission having more than  two  members  shall
have  the  power to take testimony at a public or private hearing unless
at least two of its members are present at such hearing.
10. Nothing herein contained shall be construed to effect, diminish or
impair the right, under any other provision of law, rule or  custom,  of
any  member  or  group  of  members of a committee or other multi-member
investigating agency to file a statement or statements of minority views
to accompany and be released with or subsequent to  the  report  of  the
committee or agency.