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This entry was published on 2014-09-22
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SECTION 73
Code of fair procedure for investigating agencies
Civil Rights (CVR) CHAPTER 6, ARTICLE 7
§ 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.