Powers of department

§ 339-b. Powers of department. The department of state may also require such other data and information as it may deem relevant and may make such special and independent investigations as it may deem necessary in connection with the administration of this article. The department of state by its examiner or other officer designated by it is empowered to subpoena witnesses, compel their attendance, examine them under oath before him or a magistrate, a court of record or a judge or justice thereof and require the production of any books or papers which he deems relevant or material to the inquiry. Such power of subpoena and examination shall not abate or terminate by reason of any action or proceeding brought by the department of state under this article. The provisions for payment of witness fee and/or mileage do not apply to any officer, director or person in the employ of any person, partnership, corporation, company, trust or association whose conduct or practices are being investigated. A subpoena issued under this section shall be regulated by the civil practice law and rules and, in addition, if a person subpoenaed to attend such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall without reasonable cause refuse 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 conducting such inquiry, or if a person, partnership, corporation, company, trust or association fails to perform any act required hereunder to be performed, he shall be guilty of a misdemeanor. It shall be the duty of all public officers, their deputies, assistants, subordinates, clerks or employees and all other persons to render and furnish to the department of state, its examiner or other designated officer when requested all information and assistance in their possession or within their power. Any officer participating in such inquiry who shall disclose to any person other than the secretary of state the name of any witness examined or any other information obtained upon such inquiry except as directed by the secretary of state shall be guilty of a misdemeanor.