Section 29-0305. Operation of the commission  


Latest version.
  • 1.  The  commission may hire or contract with such persons as it deems
      necessary, convenient, or desirable to carry out its duties pursuant  to
      this title.
        2.  Officers  and  employees  of  the commission shall be appointed in
      accordance with civil service rules; provided,  however,  that  officers
      and  employees  of  state departments and agencies may be transferred to
      the commission without examination and without loss of any civil service
      status or rights. Each employee who  is  transferred  pursuant  to  this
      subdivision  is  deemed to be on leave of absence from his or her former
      position during the tenure of the  commission.  No  such  transfer  may,
      however,  be  made  except  with  the  approval of the head of the state
      department or agency involved,  the  director  of  the  budget  and  the
      chairman  of  the  commission,  and  in  compliance  with  the rules and
      regulations of the civil service commission of the state.
        3. After the department has approved, pursuant  to  subdivision  2  of
      section  29-0303  of  this  title,  a  preferred  disposal  method,  the
      commission, its employees,  agents,  consultants,  or  contractors  may,
      after  proper notification and identification, enter at reasonable times
      upon such lands, waters or premises as in the judgment of the commission
      may be necessary, convenient, or desirable for  the  purpose  of  making
      surveys, soundings, borings, and examinations to accomplish any purposes
      authorized  by this title, the commission being liable for actual damage
      done. Each such entry shall be commenced and completed  with  reasonable
      promptness.  If the officer or employee obtains any samples prior to his
      leaving the premises, he shall give to the owner, operator, or agent  in
      charge  a  receipt  describing  the sample obtained and, if requested, a
      portion of each such sample equal in volume or  weight  to  the  portion
      retained. If any analysis is made of such samples, a copy of the results
      of  such analysis shall be furnished promptly to the owner, operator, or
      agent in charge.
        4. The commission shall require all computerized data generated by its
      staff and contractors, when obtainable by the public pursuant to article
      six of the public officers law, to be made available in a format that is
      accessible for general use.
        * NB Commission existence pursuant to § 29-0309