N.Y.
Environmental Conservation Law Section 71-0503
Investigation by department
1.
Any investigation, inquiry or hearing which the department has power to undertake or to hold may be undertaken or held by or before the commissioner, the deputy commissioner or the head of a division, or before any other officer or employee of the department designated for such purpose by written order of the commissioner, filed in the office of the department. All investigations, inquiries, hearings and decisions of the commissioner, the deputy commissioner or the head of a division, shall be and be deemed to be the investigations, inquiries, hearings and decisions of the department, and every order or decision made by the commissioner, and every order or decision made by the deputy commissioner or a head of division and approved and confirmed by the commissioner and ordered filed in the office of the department, shall be and be deemed to be the order or decision of the department.2.
The commissioner, deputy commissioner, a head of a division, or an officer or employee of the department duly designated by the commissioner, shall have the power to administer oaths in any proceedings which the department is required or authorized by law to conduct.3.
The department shall have power to subpoena and require the attendance in this state of witnesses and the production by them of books and papers pertinent to the investigations and inquiries which it is authorized to make under any provision of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to examine them and such public records as it shall require in relation thereto, and for the purpose of such examinations the department shall possess all the powers conferred by the Legislative Law upon a commitee of the Legislature or by the Civil Practice Law and Rules upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production by them of books and papers as aforesaid. A subpoena issued under this section shall be regulated by the Civil Practice Law and Rules.4.
In any investigation or inquiry by or upon any hearing before the department, the commissioner, his deputy or any other officer conducting the investigation, inquiry or hearing may confer immunity in accordance with the provisions of section 50.20 of the Criminal Procedure Law.
Source:
Section 71-0503 — Investigation by department, https://www.nysenate.gov/legislation/laws/ENV/71-0503 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
