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N.Y. Environmental Conservation Law § 19-0507

Conduct of hearing

Known as the Air Pollution Control Act

The act spans §§ 19–19 (43 sections).

2014-09-22

§ 19-0507. Conduct of hearing.\n 1. The respondent to such complaint may file a written answer thereto\nat least three days prior to the hearing and may appear at such hearing\nin person or by representative, with or without counsel, and may submit\ntestimony, or may do both.\n 2. The hearing may be held before the commissioner or a representative\ndesignated by the commissioner.\n 3. The commissioner or his delegate shall have power to subpoena and\ncompel the attendance of witnesses and the production for examination of\nany book or paper relating to the matter under investigation. The\ncommissioner or his delegate at the request of any respondent to a\ncomplaint made pursuant to this article shall subpoena and compel the\nattendance of such witnesses and shall require the production for\nexamination of any such book or paper relating to the matter under\ninvestigation as the respondent may reasonably designate.\n 4. In the case of contumacy or refusal to obey a subpoena, the supreme\ncourt shall have jurisdiction upon the application of the commissioner\nor his delegate to issue an order requiring such person to appear and\ntestify or produce evidence as the case may require. Any failure to obey\nsuch an order may be judged by the court as contempt thereof.\n 5. The testimony taken at the hearing before the commissioner or his\ndelegate shall be under oath and recorded, stenographically or\notherwise.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.