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This entry was published on 2014-09-22
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SECTION 708
Investigatory powers
Labor (LAB) CHAPTER 31, ARTICLE 20
§ 708. Investigatory powers. For the purpose of all hearings and
investigations, which, in the opinion of the board, are necessary and
proper for the exercise of the powers vested in it by sections seven
hundred five and seven hundred six,

1. The board, or its duly authorized agents or agencies, shall at all
reasonable times have access to, for the purposes of examination, and
the right to examine, copy or photograph any evidence, including
payrolls or lists of employees, of any person being investigated or
proceeded against that relates to any matter under investigation or in
question. The board shall have power to issue subpoenas requiring the
attendance and testimony of witnesses and the production of any evidence
that relates to any matter under investigation or in question before the
board, its member, agent, or agency, conducting the hearing or
investigation. Any member of the board, or any agent or agency
designated by the board for such purposes, may administer oaths and
affirmations, examine witnesses, and receive evidence.

2. If any witness resides outside of the state, or through illness or
other cause is unable to testify before the board or its member, agent,
or agency conducting the hearing or investigation, his or her testimony
or deposition may be taken within or without this state, in such manner
and in such form as the board or its member, agent or agency conducting
the hearing may by special order or general rule, prescribe.

3. In case of contumacy or refusal to obey a subpoena issued to any
person the supreme court of any county within the jurisdiction of which
the inquiry is carried on or within the jurisdiction of which said
person guilty of contumacy or refusal to obey is found or resides or
transacts business, upon application by the board shall have
jurisdiction to issue to such person an order requiring such person to
appear before the board, its member, agent, or agency, there to produce
evidence if so ordered, or there to give testimony touching the matter
under investigation or in question; and any failure to obey such order
of the court may be punished by said court as a contempt thereof.

4. Upon any such investigation or hearing, the board, a member
thereof, or any officer duly designated by the board to conduct such
investigation or hearing, may confer immunity in accordance with the
provisions of section 50.20 of the criminal procedure law.

5. Charges, petitions, orders, and other process and papers of the
board, its member, agent, or agency, may be served either personally or
by regular mail or by leaving a copy thereof at the principal office or
place of business of the person required to be served. The verified
return by the individual so serving the same setting forth the manner of
such service shall be proof of the same, and the return post office
receipt therefor when registered and mailed as aforesaid shall be proof
of service of the same. Witnesses summoned before the board, its member,
agent, or agency shall be paid the same fees and mileage that are paid
witnesses in the courts of this state, and witnesses whose depositions
are taken and the person taking the same shall severally be entitled to
the same fees as are paid for like services in the courts of this state.
Final orders issued by the board shall be served upon the parties by
registered or certified mail.

6. All process of any court to which application may be made under
this article may be served in the county wherein the person or persons
required to be served reside or may be found.

7. The several departments, commissions, divisions, authorities,
boards, bureaus, agencies and officers of the state or any political
subdivision or agency thereof, shall furnish the board, upon its
request, all records, papers, and information in their possession
relating to any matter before the board.

8. Subpoenas under this article shall be subject to paragraph (k) of
subdivision five of section two hundred five of the civil service law
and the rules and regulations promulgated under paragraph (l) of
subdivision five of section two hundred five of the civil service law.