Legislation
SECTION 10
Legal presumptions; evidence
Public Health (PBH) CHAPTER 45, ARTICLE 1, TITLE 2
§ 10. Legal presumptions; evidence. 1. The actions, proceedings,
authority, and orders of the department in enforcing the provisions of
the public health law and the sanitary code applying them to specific
cases shall at all times be regarded 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 persons
making such reports shall be exempt from personal liability for the
statements therein made, if they have acted in good faith.
authority, and orders of the department in enforcing the provisions of
the public health law and the sanitary code applying them to specific
cases shall at all times be regarded 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 persons
making such reports shall be exempt from personal liability for the
statements therein made, if they have acted in good faith.