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N.Y. Environmental Conservation Law § 71-1703

Legal presumptions; evidence

2014-09-22

§ 71-1703. Legal presumptions; evidence.\n 1. The actions, proceedings, authority, and orders of the department\nin enforcing the provisions of this chapter listed in section 71-1701,\nand of titles 17 through 21 inclusive of this article applying them to\nspecific cases shall at all times be regraded as in their nature\njudicial, and shall be treated as prima facie just and legal.\n 2. The written reports of state and local health officers, inspectors,\ninvestigators, nurses and other representatives of state and local\nhealth officers on questions of fact pertaining to, concerning or\narising under and in connection with complaints, alleged violations,\ninvestigations, proceedings, actions, authority and orders, related to\nthe enforcement of this chapter, the sanitary code or any local health\nregulation shall be presumptive evidence of the facts so stated therein,\nand shall be received as such in all courts and places. The presons\nmaking such reports shall be exempt from personal liability for the\nstatements therein made, if they have acted in good faith.\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.