N.Y. Environmental Conservation Law Section 71-2903
Investigations


1.

The commissioner, or any officer of the department when authorized by the commissioner, may investigate and report as to all matters within or pertaining to the powers and jurisdiction of the department for the purpose of carrying into effect the provisions of article 33 (Pesticides)article 33 of this chapter or this title and the rules of the department made pursuant thereto.

2.

To aid in the administration of article 33, the commissioner or any person designated by him may issue subpoenas in his name requiring the attendance and giving of testimony by witnesses and the production of books, papers and other evidence for any hearing, proceeding or investigation conducted or to be conducted by or before the department. Service of such a subpoena, enforcement of obedience thereto, and punishment for disobedience thereof shall be had as and in the manner provided by the civil practice law and rules relating to enforcement of any subpoena issued by a board or committee except that in the case of hearings, proceedings, or investigations before or conducted by the department neither any person certified to apply pesticides nor the holder of a business registration issued pursuant to article 33, nor an employee of such registration holder or, nor an officer or stockholder in a registered corporation, when required to attend as a witness, shall be entitled to any subpoena fee or mileage. Any member of the department or any person who may be designated hereunder by the department to hold hearings may administer oaths to witnesses. The department also may provide for the taking of depositions of witnesses for the purpose of any such hearing. In such case, such officer, employee or other person may administer oaths to the witnesses whose depositions are to be taken. Each deposition shall be reduced to writing and subscribed by the deponent.

Source: Section 71-2903 — Investigations, https://www.­nysenate.­gov/legislation/laws/ENV/71-2903 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 71-2903’s source at nysenate​.gov

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