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This entry was published on 2014-09-22
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Practice on hearings; attendance and examination of witnesses
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 3
§ 34. Practice on hearings; attendance and examination of witnesses.
1. The practice on all investigations and hearings conducted or
instituted as provided in this chapter shall be governed by the rules of
the department, and in all such hearings or investigations where
testimony is taken, the commissioner, or other officer conducting the
same, shall not be bound by the technical rules of evidence.

2. All subpoenas shall be signed and issued by the commissioner, a
deputy commissioner or the counsel of the department.

The fees of witnesses shall be audited and paid in the same manner as
other expenses of the department. Whenever a subpoena is issued at the
instance of a complainant, respondent or other party to the proceeding,
the cost of the service thereof and the fees of the witness shall be
borne by the party at whose instance the witness is subpoenaed.

3. If a person subpoenaed to attend before the commissioner or other
officer of the department, fails to obey the command of such subpoena,
without reasonable cause, or if a person in attendance upon an
investigation or hearing shall, without reasonable cause, refuse to be
sworn or to be examined or to answer a question or to produce a book or
paper, when ordered so to do by the officer or officers conducting such
an investigation or hearing, or to subscribe and swear to his deposition
after it has been correctly reduced to writing, if required so to do, he
shall be guilty of a misdemeanor and may be prosecuted therefor in any
court of competent criminal jurisdiction.

4. A subpoena issued under this section shall be regulated by the
civil practice law and rules.

5. Any person who shall wilfully testify falsely as to any material
matter pending in an investigation or proceeding under this chapter
shall be guilty of perjury.