§ 19-0505. Notice of violation and public hearing.

164 words·~1 min read·/ny/environmental-conservation/air-pollution-control/procedure/19-0505·

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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.