2023 New York Laws › ACA - Arts and Cultural Affairs › Title F - Theatrical Syndication Financing › Article 23 - Regulation of Theatrical Syndication Financing › 23.05 - Investigations.

§ 23.05. Investigations.  1.  Whenever it shall appear to the attorney
general either upon complaint or otherwise that any person has  violated
or  is  about  to  violate  any  provision  of  this article, or that he
believes it necessary to aid in the enforcement of this  article  or  in
the prescribing of rules or regulations hereunder, the attorney general:
(a)  May  make such public or private investigations within or outside
of this state as he deems necessary to determine whether any person  has
violated  or  is  about  to violate 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  attorney  general,  or  any  officer  designated  by  him, is
empowered to subpoena witnesses, compel their attendance,  examine  them
under  oath  before  him  or  a  court  of  record or a judge or justice
thereof, and require the production of any  books  or  papers  which  he
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 attorney general under this article.
3. No person shall be excused from attending such inquiry in pursuance
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  fee  and/or
mileage shall not apply to any officer, director or person in the employ
of  any  person, partnership, corporation, company, trust or association
whose conduct or practices are being investigated.
4. 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,  partnership,
corporation, company, trust or association  fails  to  perform  any  act
required hereunder to be performed, he shall be guilty of a misdemeanor.
5.  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 attorney general 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
attorney  general  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  attorney  general
the  name of any witness examined or any other information obtained upon
such inquiry except as directed by the attorney general shall be  guilty
of a misdemeanor.