N.Y. Environmental Conservation Law § 29-0305: Operation of the commission

* § 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