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.
Last modified: February 3, 2019