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(a) This section applies to requests for documents, subpoenas, interrogatories, or notices of depositions issued to licensees or applicants pursuant to Section 2203 of the Charter, title 20 of the New York City Administrative Code, or any other provisions of law or rule within the jurisdiction of the Department.
(b) A licensee must reply to a subpoena, a request for documents or interrogatories within twenty days of the date the request was mailed or otherwise served upon the licensee.
(1) If the licensee fails to respond to a subpoena, a request for documents or interrogatories, the licensee is liable for a separate violation for each day the licensee fails to respond to the requests.
(2) If the licensee provides an incomplete response to a subpoena, a request for documents or interrogatories, the Department may send a deficiency letter to the licensee. If the licensee does not provide a complete response within 14 days of the deficiency letter being sent, the licensee is liable for a separate violation for each day the licensee fails to provide a complete response. If the licensee provides an incomplete response to a subpoena, a request for documents or interrogatories, or to a subsequent deficiency letter, there will be a presumption that the licensee has neglected to respond to each such subpoena, request for documents, interrogatory, or deficiency letter unless the licensee states that the licensee has no responsive documents to that particular request or no information responsive to that particular interrogatory.
(3) Licensees must include a notarized certification that each subpoena, request for documents or interrogatory was answered fully and truthfully, accompanying their response. Responses to a subpoena, request for documents or interrogatories will not be deemed complete until they are accompanied by such certification.
(c) A licensee must appear at a time and place designated by the Department for a deposition. Failure to appear for a noticed deposition will be grounds for revocation of the licensee's license upon notice and opportunity to be heard. If the licensee is an individual, he or she must appear; if a partnership, one of its general partners with relevant knowledge of the partnership must appear; and if a corporation or limited liability company, one of its members or officers with relevant knowledge of the corporation must appear.
(d) The Department may serve subpoenas, interrogatories, requests for documents, and notices of deposition upon an applicant regarding materials related to a license or renewal application. Failure by the applicant to fully respond to a subpoena, interrogatories or a request for documents, or to appear for a deposition, within twenty days of the mailing date of the request or of the date indicated on the notice of deposition will be grounds for denial of the license application.
(e) Subpoenas, interrogatories, requests for documents and notices of deposition pursuant to this section may be served by ordinary mail addressed to the licensee's or applicant's place of business. They may also be served by ordinary mail addressed to the residence of an individual licensee; the residence of a general partner of a partnership licensee; the residence of an officer or principal stockholder of a corporate licensee, or the residence of a member of a limited liability company licensee. They may also be served by email if an email address has been provided by the licensee or applicant.
(f) Upon good cause shown, the Department may extend the time to respond as required under this section.
(Amended City Record 2/24/2020, eff. 3/25/2020)