N.Y. Comp. Codes R. & Regs. tit. 21 § 1.5
Current through Register Vol. 46, No. 50, December 11, 2024
(a) A subpoena, including a subpoena duces tecum, may be issued by any officer, agent or employee who has been duly authorized by resolution of the commission to issue such subpoenas. A subpoena shall state the section of the Act pursuant to which it is issued.(b) A subpoena shall be personally served. Personal service shall consist of either placing the subpoena in the hand of the person named therein or of touching his person with the subpoena and informing him that it is a subpoena of the Waterfront Commission of New York Harbor. A subpoena may be returnable on any day except Sunday at any time between 8:00 a.m. and 9:00 p.m.(c) Tender of witness fees is not required. A person, other than an applicant or a respondent or an officer, director or shareholder of an applicant or respondent, subpoenaed by the commission to appear at any interview, hearing or other proceeding, conducted by the commission is entitled to $40 a day for each day's actual attendance if he appears pursuant to a subpoena or a subpoena duces tecum. If a person, other than an applicant or a respondent or an officer, director or shareholder of an applicant or respondent, so subpoenaed resides more than three miles from the place of attendance, he shall also be entitled to reimbursement for each mile going from the place of residence to the place of attendance at the prevailing mileage reimbursement rate as set by the Internal Revenue Service. Such fee shall be payable by the secretary of the commission upon demand by the person subpoenaed after actual attendance, upon certification thereof by an officer, agent or employee of the commission.N.Y. Comp. Codes R. & Regs. Tit. 21 § 1.5