Sec. 460.4. Subpoenas and depositions

(a)

(1) A board member, the chief administrative law judge, a principal administrative law judge, a senior administrative law judge or an administrative law judge may issue subpoenas, whenever necessary, to require the attendance of witnesses or the production of documents or other evidence.

(2) Any party to a case before the board who requests a subpoena to produce a witness, document or other evidence must show it is necessary. All subpoenas shall be issued under the seal of the state.

(3) A lawyer who has filed a notice of appearance with the board on behalf of any party may issue and cause to be served, subpoenas to require the attendance of witnesses under sections 2302 and 2303 of the Civil Practice Law and Rules of the State of New York.

(4) Witnesses subpoenaed for any hearing shall be paid or offered witness and mileage fees in advance under section 2303 of the Civil Practice Law and Rules of the State of New York.

(5) A request to withdraw, cancel or change a subpoena shall be made promptly to the board or to the senior administrative law judge or administrative law judge who issued the subpoena.

(b) A board member, the chief administrative law judge, a principal administrative judge, a senior administrative law judge or the administrative law judge, whenever necessary, shall take or cause to be taken, depositions of witnesses residing within or without the State.