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This entry was published on 2014-09-22
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SECTION 19
Attendance of witnesses and their fees
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 19. Attendance of witnesses and their fees. 1. The commission shall
have power to issue subpoenas and subpoena duces tecum. All subpoenas
shall be signed and issued by a commissioner, by an officer or employee
of the commission specially authorized to conduct an investigation or
hearing or by the secretary or assistant secretary of the commission.
The fees of witnesses required to attend before the commission, or a
commissioner, or an officer or employee specially authorized to conduct
an investigation or hearing, shall be the same as in the case of a
subpoena issued out of a court of record, and paid when the witness is
excused from further attendance. Except as is herein provided subpoenas
shall be regulated by the civil practice law and rules. Whenever a
subpoena is issued at the instance of a complainant, respondent, or
other party to any proceeding before the commission, the cost of service
thereof and the fee of the witness shall be borne by the party at whose
instance the witness is summoned.

2. If a person subpoenaed to attend before the commission or a
commissioner, or an officer or employee specially authorized to conduct
an investigation or hearing, fails to obey the command of such subpoena,
without reasonable cause, or if a person in attendance before the
commission or commissioner, or an officer or employee specially
authorized to conduct 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 papers, when ordered so to do by the
commission, or a commissioner, or an officer or employee specially
authorized to conduct an investigation or hearing, or to subscribe and
swear to his deposition after it has been correctly reduced to writing,
he shall be guilty of a misdemeanor and may be prosecuted therefor in
any court of competent criminal jurisdiction.