Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 71-1703
Legal presumptions; evidence
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 17
§ 71-1703. Legal presumptions; evidence.

1. The actions, proceedings, authority, and orders of the department
in enforcing the provisions of this chapter listed in section 71-1701,
and of titles 17 through 21 inclusive of this article applying them to
specific cases shall at all times be regraded as in their nature
judicial, and shall be treated as prima facie just and legal.

2. The written reports of state and local health officers, inspectors,
investigators, nurses and other representatives of state and local
health officers on questions of fact pertaining to, concerning or
arising under and in connection with complaints, alleged violations,
investigations, proceedings, actions, authority and orders, related to
the enforcement of this chapter, the sanitary code or any local health
regulation shall be presumptive evidence of the facts so stated therein,
and shall be received as such in all courts and places. The presons
making such reports shall be exempt from personal liability for the
statements therein made, if they have acted in good faith.