Legislation
SECTION 71-0403
Delegation of criminal enforcement authority
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 4
§ 71-0403. Delegation of criminal enforcement authority.
Whenever the attorney general is authorized under this chapter to
prosecute a criminal proceeding on behalf of the department, such
authority may in the discretion of the attorney general be delegated to
the department, to initiate or conduct any such prosecution. Provided,
however, that in any event the district attorney of the county in which
the violation occurs may initiate or conduct any such prosecution.
Whenever the attorney general is authorized under this chapter to
prosecute a criminal proceeding on behalf of the department, such
authority may in the discretion of the attorney general be delegated to
the department, to initiate or conduct any such prosecution. Provided,
however, that in any event the district attorney of the county in which
the violation occurs may initiate or conduct any such prosecution.