71-1303 - Subpoenas, testimony and enforcement thereof.

§ 71-1303. Subpoenas, testimony and enforcement thereof.    1. To aid in the administration of article 23, the commissioner or any  person  designated  by him may issue subpoenas in his name requiring the  attendance and giving of testimony by witnesses and  the  production  of  books,  papers  and  other  evidence  for  any  hearing,  proceeding  or  investigation conducted or to be conducted by or before the  department.  Service  of  such  a  subpoena,  enforcement  of  obedience thereto, and  punishment for disobedience thereof shall be had as and  in  the  manner  provided  by the civil practice law and rules relating to enforcement of  any subpoena issued by a board or committee except that in the  case  of  hearings,  proceedings  or  investigations  before  or  conducted by the  department neither the holder of a permit or lease  issued  pursuant  to  article  23,  nor  an  employee  of such permit holder or lessee, nor an  officer or stockholder  in  a  permittee  or  lessee  corporation,  when  required  to  attend as a witness, shall be entitled to any subpoena fee  or mileage. Any member of the  department  or  any  person  who  may  be  designated  hereunder  by the department to hold hearings may administer  oaths to witnesses. The department also may provide for  the  taking  of  depositions  of  witnesses  for the purpose of any such hearing. In such  case such officer, employee or other person may administer oaths to  the  witnesses  whose  depositions  are to be taken. Each deposition shall be  reduced to writing and subscribed by the deponent.    2.  The  provisions  of  this  section  shall  apply   only   to   the  administration of article 23.