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This entry was published on 2014-09-22
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SECTION 29-0305
Operation of the commission
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 29, TITLE 3
* § 29-0305. Operation of the commission.

1. The commission may hire or contract with such persons as it deems
necessary, convenient, or desirable to carry out its duties pursuant to
this title.

2. Officers and employees of the commission shall be appointed in
accordance with civil service rules; provided, however, that officers
and employees of state departments and agencies may be transferred to
the commission without examination and without loss of any civil service
status or rights. Each employee who is transferred pursuant to this
subdivision is deemed to be on leave of absence from his or her former
position during the tenure of the commission. No such transfer may,
however, be made except with the approval of the head of the state
department or agency involved, the director of the budget and the
chairman of the commission, and in compliance with the rules and
regulations of the civil service commission of the state.

3. After the department has approved, pursuant to subdivision 2 of
section 29-0303 of this title, a preferred disposal method, the
commission, its employees, agents, consultants, or contractors may,
after proper notification and identification, enter at reasonable times
upon such lands, waters or premises as in the judgment of the commission
may be necessary, convenient, or desirable for the purpose of making
surveys, soundings, borings, and examinations to accomplish any purposes
authorized by this title, the commission being liable for actual damage
done. Each such entry shall be commenced and completed with reasonable
promptness. If the officer or employee obtains any samples prior to his
leaving the premises, he shall give to the owner, operator, or agent in
charge a receipt describing the sample obtained and, if requested, a
portion of each such sample equal in volume or weight to the portion
retained. If any analysis is made of such samples, a copy of the results
of such analysis shall be furnished promptly to the owner, operator, or
agent in charge.

4. The commission shall require all computerized data generated by its
staff and contractors, when obtainable by the public pursuant to article
six of the public officers law, to be made available in a format that is
accessible for general use.

* NB Commission existence pursuant to § 29-0309