N.Y. Environmental Conservation Law 19-0505 – Notice of violation and public hearing
§ 19-0505. Notice of violation and public hearing.
Terms Used In N.Y. Environmental Conservation Law 19-0505
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See N.Y. Environmental Conservation Law 19-0107
Whenever it shall appear to the commissioner that there has been a violation of any code, rule or regulation of the department promulgated pursuant to this article, the commissioner shall cause to have issued and served upon the alleged violator a written notice, which shall specify the provision of the code, rule or regulation of which such person is said to be in violation, a statement of the manner in, and of the extent to which, such person is said to violate it, and the order which the commissioner proposes to issue, and shall require such person to answer the charges of such complaint at a public hearing before the commissioner at a time not less than fifteen days after the date of notice. The commissioner may modify the proposed order following the hearing or upon the consent of the alleged violator. The alleged violator may, at any time, waive such right to a public hearing.