§ 309 — Local boards of health; quasi-judicial powers; enforcement

New York § 309

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Local Boards of Health; General Provisions
• Art. 3: Local Health Organization

Text

§ 309. Local boards of health; quasi-judicial powers; enforcement. 1.\nEvery local board of health may:\n (a) issue subpoenas which shall be regulated by the civil practice law\nand rules;\n (b) compel the attendance of witnesses;\n (c) administer oaths to witnesses and compel them to testify;\n (d) by resolution, designate one of its members to sign and issue such\nsubpoenas;\n (e) issue warrants to any peace officer, acting pursuant to his\nspecial duties, or police officer of the municipality to apprehend and\nremove such person or persons as cannot otherwise be subjected to its\norders or regulations, and to the sheriff of the county to bring to its\naid the power of the county whenever it shall be necessary to do so;\n (f) prescribe and impose penalties for the violation of or failure to\ncomply with any of its orders or regulations, or any of the regulations\nof the state sanitary code, not exceeding two thousand dollars for a\nsingle violation or failure, to be sued for and recovered by it in any\ncourt of competent jurisdiction; and\n (g) appoint one or more hearing officers as shall be necessary to\ncarry out its functions and duties, The hearing officer shall have the\nsame powers possessed by the board to hold and conduct hearings. The\nhearing officer shall function under the supervision of the local board\nand shall make findings of fact and recommendations to the board.\n 2. No subpoena shall be served outside the jurisdiction of the board\nof health issuing it, and no witness shall be interrogated or compelled\nto testify upon matters not related to the public health.\n 3. Every warrant issued by a local board of health shall be forthwith\nexecuted by the officer to whom directed, who shall have the same powers\nand be subject to the same duties in the execution thereof, as if it had\nbeen duly issued out of a court of record of the state.\n 4. Nothing in this section contained shall be construed to alter or\nrepeal any existing provision of law declaring such violations or any of\nthem misdemeanors or felonies or prescribing a penalty therefor.\n 5. The penalty imposed by this section may be released or compromised\nby the commissioner.\n