Section 309. Local boards of health; quasi-judicial powers; enforcement  


Latest version.
  • 1.
      Every local board of health may:
        (a) issue subpoenas which shall be regulated by the civil practice law
      and rules;
        (b) compel the attendance of witnesses;
        (c) administer oaths to witnesses and compel them to testify;
        (d) by resolution, designate one of its members to sign and issue such
      subpoenas;
        (e)  issue  warrants  to  any  peace  officer,  acting pursuant to his
      special duties, or police officer of the municipality to  apprehend  and
      remove  such  person  or persons as cannot otherwise be subjected to its
      orders or regulations, and to the sheriff of the county to bring to  its
      aid the power of the county whenever it shall be necessary to do so;
        (f)  prescribe and impose penalties for the violation of or failure to
      comply with any of its orders or regulations, or any of the  regulations
      of  the  state  sanitary  code, not exceeding one thousand dollars for a
      single violation or failure, to be sued for and recovered by it  in  any
      court of competent jurisdiction; and
        (g)  appoint  one  or  more  hearing officers as shall be necessary to
      carry out its functions and duties, The hearing officer shall  have  the
      same  powers  possessed  by  the board to hold and conduct hearings. The
      hearing officer shall function under the supervision of the local  board
      and shall make findings of fact and recommendations to the board.
        2.  No  subpoena shall be served outside the jurisdiction of the board
      of health issuing it, and no witness shall be interrogated or  compelled
      to testify upon matters not related to the public health.
        3.  Every warrant issued by a local board of health shall be forthwith
      executed by the officer to whom directed, who shall have the same powers
      and be subject to the same duties in the execution thereof, as if it had
      been duly issued out of a court of record of the state.
        4. Nothing in this section contained shall be construed  to  alter  or
      repeal any existing provision of law declaring such violations or any of
      them misdemeanors or felonies or prescribing a penalty therefor.
        5.  The penalty imposed by this section may be released or compromised
      by the commissioner.