N.Y. Environmental Conservation Law Section 71-1703
Legal presumptions

  • evidence

1.

The actions, proceedings, authority, and orders of the department in enforcing the provisions of this chapter listed in section 71-1701, and of titles 17 through 21 inclusive of this article applying them to specific cases shall at all times be regraded as in their nature judicial, and shall be treated as prima facie just and legal.

2.

The written reports of state and local health officers, inspectors, investigators, nurses and other representatives of state and local health officers on questions of fact pertaining to, concerning or arising under and in connection with complaints, alleged violations, investigations, proceedings, actions, authority and orders, related to the enforcement of this chapter, the sanitary code or any local health regulation shall be presumptive evidence of the facts so stated therein, and shall be received as such in all courts and places. The presons making such reports shall be exempt from personal liability for the statements therein made, if they have acted in good faith.

Source: Section 71-1703 — Legal presumptions; evidence, https://www.­nysenate.­gov/legislation/laws/ENV/71-1703 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 71-1703’s source at nysenate​.gov

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