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This entry was published on 2014-09-22
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SECTION 71-0503
Investigation by department
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 5
§ 71-0503. Investigation by department.

1. Any investigation, inquiry or hearing which the department has
power to undertake or to hold may be undertaken or held by or before the
commissioner, the deputy commissioner or the head of a division, or
before any other officer or employee of the department designated for
such purpose by written order of the commissioner, filed in the office
of the department. All investigations, inquiries, hearings and decisions
of the commissioner, the deputy commissioner or the head of a division,
shall be and be deemed to be the investigations, inquiries, hearings and
decisions of the department, and every order or decision made by the
commissioner, and every order or decision made by the deputy
commissioner or a head of division and approved and confirmed by the
commissioner and ordered filed in the office of the department, shall be
and be deemed to be the order or decision of the department.

2. The commissioner, deputy commissioner, a head of a division, or an
officer or employee of the department duly designated by the
commissioner, shall have the power to administer oaths in any
proceedings which the department is required or authorized by law to
conduct.

3. The department shall have power to subpoena and require the
attendance in this state of witnesses and the production by them of
books and papers pertinent to the investigations and inquiries which it
is authorized to make under any provision of this chapter listed in
section 71-0501 or under titles 5 through 15 inclusive and title 33 of
this article and to examine them and such public records as it shall
require in relation thereto, and for the purpose of such examinations
the department shall possess all the powers conferred by the Legislative
Law upon a commitee of the Legislature or by the Civil Practice Law and
Rules upon a board or committee, and may invoke the power of any court
of record in the state to compel the attendance and testifying of
witnesses and the production by them of books and papers as aforesaid. A
subpoena issued under this section shall be regulated by the Civil
Practice Law and Rules.

4. In any investigation or inquiry by or upon any hearing before the
department, the commissioner, his deputy or any other officer conducting
the investigation, inquiry or hearing may confer immunity in accordance
with the provisions of section 50.20 of the Criminal Procedure Law.