708 - Investigatory powers.

§  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. Complaints, orders, and other process and papers of the board,  its  member,  agent,  or  agency,  may  be  served  either  personally  or by  certified or registered mail or  by  telegraph  or  by  leaving  a  copy  thereof  at  the  principle  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 or telegraph  receipt  therefor  when registered and mailed or telegraphed 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.    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.