N.Y. Environmental Conservation Law 19-0507 – Conduct of hearing
§ 19-0507. Conduct of hearing.
Terms Used In N.Y. Environmental Conservation Law 19-0507
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
1. The respondent to such complaint may file a written answer thereto at least three days prior to the hearing and may appear at such hearing in person or by representative, with or without counsel, and may submit testimony, or may do both.
2. The hearing may be held before the commissioner or a representative designated by the commissioner.
3. The commissioner or his delegate shall have power to subpoena and compel the attendance of witnesses and the production for examination of any book or paper relating to the matter under investigation. The commissioner or his delegate at the request of any respondent to a complaint made pursuant to this article shall subpoena and compel the attendance of such witnesses and shall require the production for examination of any such book or paper relating to the matter under investigation as the respondent may reasonably designate.
4. In the case of contumacy or refusal to obey a subpoena, the supreme court shall have jurisdiction upon the application of the commissioner or his delegate to issue an order requiring such person to appear and testify or produce evidence as the case may require. Any failure to obey such an order may be judged by the court as contempt thereof.
5. The testimony taken at the hearing before the commissioner or his delegate shall be under oath and recorded, stenographically or otherwise.