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What is NYC AC § 15-219?

Quick Answer

This section grants the commissioner and fire marshal the authority to issue subpoenas to compel witness attendance and document production during investigations. It outlines procedures for enforcing compliance and penalties for disobedience. Applies to individuals involved in investigations related to fire safety and related matters.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 15-219 Compelling attendance of witnesses.

AC § 15-219

a. Power of subpoena of commissioner.

1.The commissioner, in and about any investigation authorized by section 15-218 of this title, and touching any matter connected therewith, may subpoena and compel the attendance of any person or persons, and the production of any books, papers, archives or documents in his, her or their possession or control, which, in the judgment of the commissioner or of the chief or deputy chief fire marshal, is connected with and necessary to such investigation.

2.For such purpose, the corporation counsel, at any time, may cause subpoenas to be issued out of the supreme court, attested under the name of a justice of such court, in like form and with same effect as though issued by such justice in any action pending in a court of record, and such subpoenas may be served, and proof of service may be made, in the same manner as by law provided for the service of subpoenas out of such court. Upon proof of service of the subpoena, and proof of noncompliance therewith, or failure to attend and testify as directed therein, or failure to produce any book, paper, archive or document in the possession or control of the persons named in the subpoena, and directed to be produced therein, or failure or refusal on their part to answer any pertinent question, application may be made before any justice of the supreme court, who may thereupon cause to be arrested and punished as for a contempt of the orders of such court the person or persons named in such subpoena.

3.Any person subpoenaed under this section shall attend and testify upon such adjourned day or days and at such adjourned time and place as may be designated by the commissioner or chief or deputy chief fire marshal. b. Power of subpoena of fire marshal.

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