N.Y. Comp. Codes R. & Regs. tit. 6 § 360.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 360.7 - Inspection of facilities

Department personnel can enter and inspect any facility and any property, premises, books, papers, documents, or records of the facility, at all reasonable times, locations, whether announced or unannounced, for the purpose of ascertaining compliance or noncompliance with an exemption, registration, permit, administrative or judicial order or decree, the ECL, and this Title. The construction or operation of a facility in this state is deemed to constitute consent to inspection of the facility and of the records and documents required to be maintained under this Part or under Part 361, 362, 363, 365, or Subpart 374-2 of this Title as they pertain to the facility.

(a) The refusal to consent to inspection of the facility or of any of the records or documents required to be maintained under the provisions of this Part or Part 361, 362, 363, 365, or Subpart 374-2 of this Title as they pertain to the facility, established after an opportunity for a hearing, can result in revocation of any and all facility permits issued by the department or in revocation of the facility's status as a registered facility, as well as any other penalties as the law may provide.

(b) In a hearing to revoke a permit or registration based on a refusal to consent to inspection, the hearing will be limited to the following issues:

(1) whether authorized department staff requested access to the facility or to any of the records or documents required to be maintained under this Part or under Part 361, 362, 363, 365, or Subpart 374-2 of this Title;

(2) whether the owner or operator was given sufficient warning, in clear or unequivocal language before the refusal, that the refusal could result in revocation of the registration or permit; and

(3) whether the owner or operator refused to consent to the inspection.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.7

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017