N.Y. Environmental Conservation Law § 15-2135: Hearings; hearing officers; determinations

§ 15-2135. Hearings; hearing officers; determinations.

Whenever the department is empowered under the terms of title 21 of

this article to make a determination it may hear testimony and take

proofs material for its information and may appoint a hearing officer by

a written appointment, for that purpose. Every hearing officer so

appointed shall be authorized to take such testimony and hear such

proofs as may be material to the inquiry and report the proofs and

testimony so taken, with his opinion as to the facts established

thereby, to the department. The department may make such determination

from the proofs and testimony taken before it or before such hearing

officer or from any other data which shall be satisfactory to it, and

the expenses of taking such testimony or proofs shall be deemed a part

of the expense of the improvement to which it relates.