New York § 115 - 115General powers and duties of commissioner in respect to common carriers

§ 115. 115General powers and duties of commissioner in respect to common carriers

§ 115. General powers and duties of commissioner in respect to common carriers. 1. The commissioner shall have power and authority to administer oaths, in all parts of the state, to witnesses summoned to testify in any inquiry, investigation, hearing or proceedings; and also to administer oaths in all parts of the state whenever the exercise of such power is incidentally necessary or proper to enable the commissioner to perform a duty or to exercise a power. An officer or employee of the department specially authorized to conduct an investigation or hearing shall have power to administer oaths to witnesses subpoenaed to testify before him. 2. (a) The commissioner shall have the general supervision of all common carriers subject to his jurisdiction as hereinbefore defined, and shall have power to and shall examine the same and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines and property, owned, leased, controlled or operated, are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all provisions of law, orders of the commissioner and charter requirements. The commissioner, or responsible engineers or inspectors duly authorized by him, shall have power to enter in or upon and to inspect the property, equipment, buildings, plants, factories, power-houses and offices of any of such companies or persons, including the right for such inspection purpose to ride upon any freight locomotive or train or any passenger locomotive or train while in service; and to have upon reasonable notice the use of an inspection locomotive or special locomotive and inspection car for a physical inspection once annually of all the lines and stations of each common carrier under his supervision; and to the extent that such facilities for inspection involve transportation the commissioner and each such employee shall pay the published one-way fare established by the common carrier for the transportation of persons by regular passenger trains over the distance covered by such inspection. The cost of such transportation, if the commissioner so elects, may be paid upon bill rendered to the commissioner after the transportation has been furnished and the amount thereof ascertained. The commissioner shall also have general powers and authority with respect to the abatement except by change of motive power of all nuisances arising outside the corporate limits of a city from the generation of smoke, soot, or cinders, incident to the operation of such railroads, and railroad companies. (b) The commissioner shall promulgate rules and regulations relating to railroad electric power substations which shall provide for safe ingress to and egress from such substations with relation to surrounding areas. Such rules and regulations shall also establish safety guidelines which when implemented will assure that such substations will be maintained under conditions of reasonable security and optimum safety not only for persons authorized for ingress to such substations but also for persons unauthorized for such ingress. 3. The commissioner or officer or employee specially authorized to conduct an investigation or hearing shall have power to examine all books, contracts, records, documents and papers of any person or corporation subject to his supervision, and by subpoena duces tecum to compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the commissioner may require sworn copies of any such books, records, contracts, documents and papers or parts thereof to be filed with him.