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This entry was published on 2014-09-22
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SECTION 38
Power of subpoena
Banking (BNK) CHAPTER 2, ARTICLE 2
§ 38. Power of subpoena. 1. The superintendent shall have power at all
times, either personally or by his deputies, including special deputy
superintendents, or examiners, to subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person under oath and
to require the production of any relevant books or papers. Such
examination may be conducted on any subject relating to the duties
imposed upon, or the powers vested in, the superintendent under the
provisions of this chapter. Any corporation, association, partnership or
individual which fails to obey the command of a subpoena without
reasonable excuse or refuses, without reasonable cause, 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 duly conducting such inquiry, or
fails to perform any act required hereunder to be performed, shall be
guilty of a misdemeanor and shall also be subject to the compulsions
provided by the civil practice law and rules. Any officer participating
in such inquiry and any person examined as a witness upon such inquiry
who shall disclose to any person other than the superintendent the name
of any witness examined or any other information obtained upon such
inquiry, except as directed by the superintendent, shall be guilty of a
misdemeanor.

2. In any such investigation before the superintendent or before his
deputy or any other officer duly designated by him to conduct such
investigation, the superintendent or such deputy or officer may confer
immunity in accordance with the provisions of section 50.20 of the
criminal procedure law.