N.Y.
Environmental Conservation Law Section 29-0305
Operation of the commission
1.
The commission may hire or contract with such persons as it deems necessary, convenient, or desirable to carry out its duties pursuant to this title.2.
Officers and employees of the commission shall be appointed in accordance with civil service rules; provided, however, that officers and employees of state departments and agencies may be transferred to the commission without examination and without loss of any civil service status or rights. Each employee who is transferred pursuant to this subdivision is deemed to be on leave of absence from his or her former position during the tenure of the commission. No such transfer may, however, be made except with the approval of the head of the state department or agency involved, the director of the budget and the chairman of the commission, and in compliance with the rules and regulations of the civil service commission of the state.3.
After the department has approved, pursuant to subdivision 2 of § 29-0303 (Duties of the commission)section 29-0303 of this title, a preferred disposal method, the commission, its employees, agents, consultants, or contractors may, after proper notification and identification, enter at reasonable times upon such lands, waters or premises as in the judgment of the commission may be necessary, convenient, or desirable for the purpose of making surveys, soundings, borings, and examinations to accomplish any purposes authorized by this title, the commission being liable for actual damage done. Each such entry shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples prior to his leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.4.
The commission shall require all computerized data generated by its staff and contractors, when obtainable by the public pursuant to article six of the public officers law, to be made available in a format that is accessible for general use. * NB Commission existence pursuant to § 29-0309
Source:
Section 29-0305 — Operation of the commission, https://www.nysenate.gov/legislation/laws/ENV/29-0305 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
