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
71-1709 - Formal hearings; notice and procedure.

 
  § 71-1709. Formal hearings; notice and procedure.
    1. The commissioner, or any person designated by him for this purpose,
  may  issue subpoenas and administer oaths in connection with any hearing
  or investigation under or pursuant to the  provisions  of  this  chapter
  listed  in  sections  71-1701  and  71-2503, and of titles 17 through 21
  inclusive and title 43 of this article, and it shall be the duty of  the
  commissioner and any persons designated by him for such purpose to issue
  subpoenas at the request of and upon behalf of the respondent.
    2.  The commissioner and those designated by him shall not be bound by
  the laws of evidence in the conduct  of  hearing  proceedings,  but  the
  determination shall be founded upon sufficient legal evidence to sustain
  it.
    3.  Notice  of  hearing shall be served at least fifteen days prior to
  the date of the hearing, provided that, whenever because  of  danger  to
  the  public health it appears prejudicial to the interests of the people
  of the state to delay action for  fifteen  days,  the  commissioner  may
  serve  the  respondent  with  an  order  requiring certain action or the
  cessation of certain activities immediately or within a specified period
  of less  than  fifteen  days  and  the  commissioner  shall  provide  an
  opportunity  to be heard within fifteen days after the date the order is
  served.
    4. Service of notice of hearing or order shall  be  made  by  personal
  service  or  by  registered or certified mail. Where service, whether by
  personal service or by registered or certified mail,  is  made  upon  an
  infant, incompetent, partnership, corporation, governmental subdivision,
  board  or  commission,  it  shall  be  made  upon  the person or persons
  designated to receive  personal  service  by  article  3  of  the  Civil
  Practice Law and Rules.
    5.  The  Attorney General may prefer charges, attend hearings, present
  the facts, and take any and all proceedings in connection therewith.
    6. At a hearing, the respondent may appear personally, shall have  the
  right  of  counsel,  and  may  cross-examine  witnesses  against him and
  produce evidence and witnesses in his behalf.
    7.  Following  a  hearing,  the  commissioner  may  make   appropriate
  determinations and issue an order in accordance therewith.
    8.  The  commissioner may adopt, amend and repeal administrative rules
  and regulations governing the procedures to be followed with respect  to
  hearings, such rules to be consistent with the policy and purpose of the
  provisions  of  this chapter listed in section 71-1701, and of titles 17
  through 21 inclusive and title 43 of this article and the effective  and
  fair enforcement of their provisions.
    9.  The provisions of this section shall be applicable to all hearings
  held pursuant to the  provisions  of  this  chapter  listed  in  section
  71-1701,  and  of  titles  17  through 21 inclusive and title 43 of this
  article,  except  where  other  provisions  of  such  articles,  titles,
  sections and subdivisions applicable thereto are inconsistent therewith,
  in which event such other provisions shall apply.