N.Y. Environmental Conservation Law § 71-0503: Investigation by department

§ 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.