(b) In addition to any other power granted by law, the superintendent,
his or her deputy or other officer designated by the superintendent is
empowered to subpoena witnesses, compel their attendance, examine them
under oath and require the production of any books or papers which he or
she deems relevant or material to the inquiry. Such power of subpoena
shall be enforced as though the subpoena were issued under section three
hundred six of the financial services law.
(c) If any person, partnership, corporation, company, trust or
association, fails to submit a written statement required by the
superintendent under subsection (a) of this section or fails to comply
with a subpoena issued pursuant to subsection (b) of this section, the
superintendent may, after notice and a hearing, levy a civil penalty not
to exceed to one thousand dollars per day that the failure continues.
(d) Notwithstanding any law to the contrary, any information obtained
in an investigation under this section shall be confidential and shall
not be subject to disclosure by the department except to the drug
accountability board, which may review the information and, as
necessary, include any such information in its report. The
superintendent may also disclose any such information necessary to
protect the public, but such disclosures shall to the greatest extent
possible not identify a specific manufacturer or prices charged for
drugs by such manufacturer.
Structure New York Laws
Article 1 - General Provisions
103 - Explanation of Order of Provisions.
104 - Continuation of Existing Offices, Licenses, Approvals and Proceedings.
106 - Construction of References.
107 - Definitions of Terms of General Use in This Chapter.
108 - Applicability of Business Corporation Law to Insurers.
109 - Penalties; Civil Actions.
110 - Cooperation With Other Regulatory Agencies.
111 - Investigation by the Superintendent With Respect to Prescription Drugs.