§ 19-0507. Conduct of hearing.

234 words·~1 min read·/ny/environmental-conservation/air-pollution-control/procedure/19-0507·

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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.