New York § 71-0503 Investigation by department

New York Statutes

§ 71-0503 — Investigation by department

New York § 71-0503

Law ENVEnvironmental Conservation

Title 5Enforcement of Provisions Derived From Former Conservation Law

Art. 71Enforcement

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Bluebook

N.Y. Environmental Conservation § 71-0503 (2026).

Text

§ 71-0503. Investigation by department.\n  1. Any investigation, inquiry or hearing which the department has\npower to undertake or to hold may be undertaken or held by or before the\ncommissioner, the deputy commissioner or the head of a division, or\nbefore any other officer or employee of the department designated for\nsuch purpose by written order of the commissioner, filed in the office\nof the department. All investigations, inquiries, hearings and decisions\nof the commissioner, the deputy commissioner or the head of a division,\nshall be and be deemed to be the investigations, inquiries, hearings and\ndecisions of the department, and every order or decision made by the\ncommissioner, and every order or decision made by the deputy\ncommissioner or a head of division and approved and

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§ 71-0503. Investigation by department.\n 1. Any investigation, inquiry or hearing which the department has\npower to undertake or to hold may be undertaken or held by or before the\ncommissioner, the deputy commissioner or the head of a division, or\nbefore any other officer or employee of the department designated for\nsuch purpose by written order of the commissioner, filed in the office\nof the department. All investigations, inquiries, hearings and decisions\nof the commissioner, the deputy commissioner or the head of a division,\nshall be and be deemed to be the investigations, inquiries, hearings and\ndecisions of the department, and every order or decision made by the\ncommissioner, and every order or decision made by the deputy\ncommissioner or a head of division and approved and confirmed by the\ncommissioner and ordered filed in the office of the department, shall be\nand be deemed to be the order or decision of the department.\n 2. The commissioner, deputy commissioner, a head of a division, or an\nofficer or employee of the department duly designated by the\ncommissioner, shall have the power to administer oaths in any\nproceedings which the department is required or authorized by law to\nconduct.\n 3. The department shall have power to subpoena and require the\nattendance in this state of witnesses and the production by them of\nbooks and papers pertinent to the investigations and inquiries which it\nis authorized to make under any provision of this chapter listed in\nsection 71-0501 or under titles 5 through 15 inclusive and title 33 of\nthis article and to examine them and such public records as it shall\nrequire in relation thereto, and for the purpose of such examinations\nthe department shall possess all the powers conferred by the Legislative\nLaw upon a commitee of the Legislature or by the Civil Practice Law and\nRules upon a board or committee, and may invoke the power of any court\nof record in the state to compel the attendance and testifying of\nwitnesses and the production by them of books and papers as aforesaid. A\nsubpoena issued under this section shall be regulated by the Civil\nPractice Law and Rules.\n 4. In any investigation or inquiry by or upon any hearing before the\ndepartment, the commissioner, his deputy or any other officer conducting\nthe investigation, inquiry or hearing may confer immunity in accordance\nwith the provisions of section 50.20 of the Criminal Procedure Law.\n