2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 71 - ENFORCEMENT
Title 17 - (71-1701 - 71-1725) ENFORCEMENT OF PROVISIONS DERIVED FROM PUBLIC HEALTH LAW
71-1703 - Legal presumptions; evidence.


NY Env Cons L § 71-1703 (2012) What's This?
 
  § 71-1703. Legal presumptions; evidence.
    1.  The  actions, proceedings, authority, and orders of the department
  in enforcing the provisions of this chapter listed in  section  71-1701,
  and  of  titles 17 through 21 inclusive of this article applying them to
  specific cases shall at  all  times  be  regraded  as  in  their  nature
  judicial, and shall be treated as prima facie just and legal.
    2. The written reports of state and local health officers, inspectors,
  investigators,  nurses  and  other  representatives  of  state and local
  health officers on  questions  of  fact  pertaining  to,  concerning  or
  arising  under  and  in  connection with complaints, alleged violations,
  investigations, proceedings, actions, authority and orders,  related  to
  the  enforcement  of this chapter, the sanitary code or any local health
  regulation shall be presumptive evidence of the facts so stated therein,
  and shall be received as such in all  courts  and  places.  The  presons
  making  such  reports  shall  be  exempt from personal liability for the
  statements therein made, if they have acted in good faith.

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