ยง 38. Power of subpoena. 1. The superintendent shall have power at all
times, either personally or by his deputies, including special deputy
superintendents, or examiners, to subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person under oath and
to require the production of any relevant books or papers. Such
examination may be conducted on any subject relating to the duties
imposed upon, or the powers vested in, the superintendent under the
provisions of this chapter. Any corporation, association, partnership or
individual which fails to obey the command of a subpoena without
reasonable excuse or refuses, without reasonable cause, 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 duly conducting such inquiry, or
fails to perform any act required hereunder to be performed, shall be
guilty of a misdemeanor and shall also be subject to the compulsions
provided by the civil practice law and rules. Any officer participating
in such inquiry and any person examined as a witness upon such inquiry
who shall disclose to any person other than the superintendent the name
of any witness examined or any other information obtained upon such
inquiry, except as directed by the superintendent, shall be guilty of a
misdemeanor.
2. In any such investigation before the superintendent or before his
deputy or any other officer duly designated by him to conduct such
investigation, the superintendent or such deputy or officer may confer
immunity in accordance with the provisions of section 50.20 of the
criminal procedure law.
Structure New York Laws
14 - Additional Powers of the Superintendent.
14-A - Rate of Interest; Superintendent of Financial Services to Adopt Regulations.
18 - Fees for Copies and Certifications.
18-B - Holocaust Reparations Payment Fees.
19 - Assessments for Deficiency in Reserves Against Deposits.
20 - Assessments, Penalties and Forfeitures Entitled to Priority.
21 - Collection of Assessments, Penalties and Forfeitures; Proceedings by Attorney General.
23 - Acceptance or Rejection of Certificate; Investigation Fees.
24 - Investigation by Superintendent; Refusal or Approval; Filing Certificate.
25 - Authorization Certificate; When and to Whom Issued; Contents; Filing and Recording.
26 - Licenses to Foreign Banking Corporations; Renewal.
27 - Exchange and Examination of Securities.
28-A - Temporary Change of Location; Approval or Refusal; Certificate.
28-B - Credit Needs of Local Communities.
28-BB - Credit Needs of Local Communities; Mortgage Bankers.
28-C - Branch Office Closings; Report to and Action by the Superintendent.
30 - Unclaimed Amounts; Deposit by Superintendent in Trust; Preference; Release of Debtor.
32 - Insurance of Deposits and Share Accounts.
34 - Superintendent as Attorney to Accept Service of Process.
36 - Examinations; Right of Inspection; Penalties for Refusing to Permit Examination.
36-A - Reports of Lending by Banking Organizations.
36-B - Preservation of Books and Records.
37 - Reports to Superintendent.
37-A - Submission of Annual Reports by the Holocaust Claims Processing Office.
39 - Orders of Superintendent.
41 - Removal of Director, Trustee or Officer.
42 - Official Acts of Superintendent and Details of Department Business to Be Made Public.