§ 34. Practice on hearings; attendance and examination of witnesses.\n1. The practice on all investigations and hearings conducted or\ninstituted as provided in this chapter shall be governed by the rules of\nthe department, and in all such hearings or investigations where\ntestimony is taken, the commissioner, or other officer conducting the\nsame, shall not be bound by the technical rules of evidence.\n 2. All subpoenas shall be signed and issued by the commissioner, a\ndeputy commissioner or the counsel of the department.\n The fees of witnesses shall be audited and paid in the same manner as\nother expenses of the department. Whenever a subpoena is issued at the\ninstance of a complainant, respondent or other party to the proceeding,\nthe cost of the service thereof and the fees of the witness shall be\nborne by the party at whose instance the witness is subpoenaed.\n 3. If a person subpoenaed to attend before the commissioner or other\nofficer of the department, fails to obey the command of such subpoena,\nwithout reasonable cause, or if a person in attendance upon an\ninvestigation or hearing shall, without reasonable cause, refuse to be\nsworn or to be examined or to answer a question or to produce a book or\npaper, when ordered so to do by the officer or officers conducting such\nan investigation or hearing, or to subscribe and swear to his deposition\nafter it has been correctly reduced to writing, if required so to do, he\nshall be guilty of a misdemeanor and may be prosecuted therefor in any\ncourt of competent criminal jurisdiction.\n 4. A subpoena issued under this section shall be regulated by the\ncivil practice law and rules.\n 5. Any person who shall wilfully testify falsely as to any material\nmatter pending in an investigation or proceeding under this chapter\nshall be guilty of perjury.\n
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