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This entry was published on 2019-04-05
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Functions; powers and duties
Judiciary (JUD) CHAPTER 30, ARTICLE 15-A
§ 499-d. Functions; powers and duties. The commission shall have the
following functions, powers and duties:

1. To conduct hearings and investigations, administer oaths or
affirmations, subpoena witnesses, compel their attendance, examine them
under oath or affirmation and require the production of any books,
records, documents or other evidence that it may deem relevant or
material to an investigation; and the commission may designate any of
its members or any member of its staff to exercise any such powers,
provided, however, that except as is otherwise provided in section four
hundred ninety-nine-e of this article, only a member of the commission
or the administrator shall exercise the power to subpoena witnesses or
require the production of books, records, documents or other evidence.
In accordance with section twenty-three hundred four of the civil
practice law and rules, a request to withdraw or modify a subpoena
issued pursuant to this article may be made to the person who issued it
and/or to the commission. The prosecuting agency may inform the
commission, by affirmation with specificity and particularity, in a form
and manner in which shall be prescribed by the commission, of its
position that the commission's investigations will substantially
interfere with the agency's own criminal investigation. If the
prosecuting agency informs the commission of its basis for that
position, the commission shall only exercise its powers in a way that
will not interfere with an agency's active investigation or prosecution
and in no event shall the commission exercise its powers prior to the
earlier of: (a) the filing of an accusatory instrument with respect to
the crime or crimes that led to such prosecuting agency's investigation
and underlie the complaint; or (b) one year from the commencement of the
occurrence of the crime or crimes that led to such prosecuting agency's
investigation and underlie the complaint.

2. To confer immunity when the commission deems it necessary and
proper in accordance with section 50.20 of the criminal procedure law;
provided, however, that at least forty-eight hours prior written notice
of the commission's intention to confer such immunity is given the
attorney general and the appropriate district attorney.

3. To request and receive from any court, department, division, board,
bureau, commission, or other agency of the state or political
subdivision thereof or any public authority such assistance, information
and data as will enable it properly to carry out its functions, powers
and duties.

4. To report annually, on or before the first day of March in each
year and at such other times as the commission shall deem necessary, to
the governor, the legislature and the chief judge of the court of
appeals, with respect to proceedings which have been finally determined
by the commission. Such reports may include legislative and
administrative recommendations. The contents of the annual report and
any other report shall conform to the provisions of this article
relating to confidentiality.

5. To adopt, promulgate, amend and rescind rules and procedures, not
otherwise inconsistent with law, necessary to carry out the provisions
and purposes of this article. All such rules and procedures shall be
filed in the offices of the chief administrator of the courts and the
secretary of state.

6. To do all other things necessary and convenient to carry out its
functions, powers and duties expressly set forth in this article.