71-2903 - Investigations.

§ 71-2903. Investigations.    1.  The commissioner, or any officer of the department when authorized  by the commissioner, may investigate and report as to all matters within  or pertaining to the powers and jurisdiction of the department  for  the  purpose  of  carrying  into  effect the provisions of article 33 of this  chapter or this title and the rules  of  the  department  made  pursuant  thereto.    2. To aid in the administration of article 33, 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 any person certified  to  apply  pesticides  nor  the  holder  of a business registration issued pursuant to article 33, nor an  employee of such registration holder or, nor an officer  or  stockholder  in a registered 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.