NY Env Conserv L § 71-1709 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 17 - 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.