2023 New York Laws › ENG - Energy › Article 16 - Appliance and Equipment Efficiency Standards › 16-107 - Subpoenas, Information and Document Production, Enforcement Procedures, Referrals.

§  16-107. Subpoenas, information and document production, enforcement
procedures, referrals. 1. (a) In addition to all other  powers  provided
by  this  article,  the  secretary or his or her designee shall have the
power and authority to subpoena and require the attendance of  witnesses
and  the  production of books, papers, contracts and any other documents
pertaining to any investigation or hearing conducted  pursuant  to  this
article.  The  secretary  may  issue  such  subpoenas  on his or her own
initiative or at the request of the president.
(b) If any person refuses to comply with a subpoena issued under  this
section,  the  department may petition a court of competent jurisdiction
to enforce the subpoena and such sanctions as the court may direct.
(c) A subpoena issued under this subdivision shall be regulated by the
civil practice law  and  rules,  and  is  in  addition  to  and  not  in
limitation  of the power to make information and document requests under
subdivision two of this section.
2. Any person that sells or offers for  sale,  leases  or  offers  for
lease,  rents  or  offers  for  rent,  or installs or offers to install,
manufactures or tests in New York state any new product of a type listed
in paragraphs (a) through (xx) of subdivision one of section  16-104  of
this  article,  or  any new product for which efficiency standards shall
have been established pursuant to paragraph (b) or  (c)  of  subdivision
one of section 16-106 of this article, or any product that is subject to
federal  efficiency  standards  that  shall  have been continued in this
state pursuant to section 16-105 of this article, shall be  obliged,  on
the  request  of the secretary or his or her designee, or the request of
the president or his or her designee, to supply the secretary and/or the
president with such information and documentation  as  may  be  required
concerning  such  person's  business,  business  practices,  or business
methods, or proposed business  practices  or  methods.  The  obligations
contained  in  this subdivision shall not apply to any person that sells
or offers for sale, leases or offers for  lease,  rents  or  offers  for
rent,  or  installs  or  offers  to  install  only products described in
subdivision three of section 16-104 of this article. The power  to  make
information  and  document  requests  is  in  addition  to  and  not  in
limitation of the power to issue subpoenas.
3. The secretary shall, before ordering the immediate cessation of any
distribution, sale or offer for sale, lease or offer to lease,  rent  or
offer  to  rent,  import or offer to import, or installation or offer of
installation of any product, or imposing any civil  penalty,  injunctive
relief,  or other relief pursuant to this article upon any person who is
alleged to be in violation of any provision of this article  or  of  any
regulation adopted pursuant to this article, and at least ten days prior
to the date set for the hearing, notify in writing and shall afford such
person  an  opportunity to be heard in person or by counsel in reference
thereto.  Such  written  notice  may  be  served  by  delivery  of  same
personally,  or  by  mailing  same  by  certified mail to the last known
business address of such person, or by  any  method  authorized  by  the
civil  practice  law  and rules. The hearing on such charges shall be at
such time and place as  the  department  of  state  shall  prescribe.  A
hearing  held  by  this  subdivision shall be held pursuant to the state
administrative procedure act, and any applicable regulations adopted  by
the secretary.
4.  A  final  action  of the secretary in imposing a civil penalty, or
other order, may be subject to review by a proceeding  instituted  under
article seventy-eight of the civil practice law and rules.
5.  In  addition  to  all  other  powers provided by this article, the
secretary and the president, are authorized, individually or jointly, to
refer the results  of  any  investigation  conducted  by  the  president

pursuant  to  this  article  to  the attorney general and to request the
attorney general to institute, in the name of the secretary  and/or  the
president,  an  action  or  proceeding to enforce the provisions of this
article.  The attorney general shall, at the request of the secretary or
president, or may, on his or her own initiative,  institute  proceedings
to  enforce  the  provisions of this article including the imposition of
civil penalties or injunctive relief. Nothing in this subdivision  shall
limit  or  impair  the  power  and authority of the secretary to conduct
enforcement proceedings, to issue orders pursuant to  paragraph  (b)  of
subdivision  five  of  section  16-106  of  this  article, and to impose
penalties pursuant to section 16-108 of this article.