§ 1-11 Witnesses and Subpoenas.
RCNY § 1-11
(a)Definition. Board. As used in this section, the term "Board" shall mean either the Board of Collective Bargaining or the Board of Certification.
(b)Witnesses – examination; depositions. Witnesses at all hearings shall be examined orally under oath or affirmation, and a record of the proceeding shall be made and kept. If any witness resides outside the State of New York or through illness or other cause is unable to testify at the hearing, that witness's testimony or deposition may be taken in such form as may be directed by the trial examiner. All applications for taking such testimony or deposition shall be made by motion.
(c)Subpoenas – issuance. A member of the Board, a Deputy Director, or a trial examiner may issue subpoenas at any time, except as limited by law, requiring persons, parties, or witnesses to attend and be examined or give testimony, or to produce any document or thing that relates to any matter under investigation or any question before the Board or trial examiner conducting a hearing. Pursuant to CPLR § 2302, attorneys admitted to the practice of law in New York State may also issue subpoenas in accordance with applicable law.
(d)Subpoenas – parties; failure to obey or testify. If a witness, party, or agent thereof refuses or fails, without reasonable excuse, to answer any question which has been ruled pertinent or proper, or obey any subpoena duces tecum, the trial examiner may strike from the record the pleading and/or all testimony and evidence offered on behalf of such party at the hearing, or may strike all or a portion of the testimony or evidence offered by or through the uncooperative party or witness, or strike those portions of the pleading which are related to the matter(s) called for in the subpoena, or which are based solely on testimony or evidence offered by or through the uncooperative party or witness.
(e)Witness fees. When determined by the trial examiner to be appropriate, witness fees and mileage in amounts allowable under the New York Civil Practice Law and Rules shall be paid by the party at whose instance the witnesses appear, or by the Office of Collective Bargaining if the witnesses appear at the request of the Board.
