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This entry was published on 2014-09-22
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Local boards of health; quasi-judicial powers; enforcement
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 1
§ 309. Local boards of health; quasi-judicial powers; enforcement. 1.
Every local board of health may:

(a) issue subpoenas which shall be regulated by the civil practice law
and rules;

(b) compel the attendance of witnesses;

(c) administer oaths to witnesses and compel them to testify;

(d) by resolution, designate one of its members to sign and issue such

(e) issue warrants to any peace officer, acting pursuant to his
special duties, or police officer of the municipality to apprehend and
remove such person or persons as cannot otherwise be subjected to its
orders or regulations, and to the sheriff of the county to bring to its
aid the power of the county whenever it shall be necessary to do so;

(f) prescribe and impose penalties for the violation of or failure to
comply with any of its orders or regulations, or any of the regulations
of the state sanitary code, not exceeding two thousand dollars for a
single violation or failure, to be sued for and recovered by it in any
court of competent jurisdiction; and

(g) appoint one or more hearing officers as shall be necessary to
carry out its functions and duties, The hearing officer shall have the
same powers possessed by the board to hold and conduct hearings. The
hearing officer shall function under the supervision of the local board
and shall make findings of fact and recommendations to the board.

2. No subpoena shall be served outside the jurisdiction of the board
of health issuing it, and no witness shall be interrogated or compelled
to testify upon matters not related to the public health.

3. Every warrant issued by a local board of health shall be forthwith
executed by the officer to whom directed, who shall have the same powers
and be subject to the same duties in the execution thereof, as if it had
been duly issued out of a court of record of the state.

4. Nothing in this section contained shall be construed to alter or
repeal any existing provision of law declaring such violations or any of
them misdemeanors or felonies or prescribing a penalty therefor.

5. The penalty imposed by this section may be released or compromised
by the commissioner.