Page:NJ PL 1954 c.212.pdf/6

CHAPTER 212, LAWS OF 1954 pollution control association of each county affected for discussion and report thereon.

C.26:2C-14 Procedure for elimination of violations. 14. In case any written complaint is filed with the department, or the department has cause to believe, that any person is violating any code, rule or regulation promulgated by the commission, the department shall cause a prompt investigation to be made in connection therewith and if the department shall find, after such investigation, that a violation of any code, rule or regulation of the commission exists, it shall immediately endeavor to eliminate any source or cause of air pollution resulting from such violation by conference, conciliation and persuasion.

C.26:2C-15 Written notice and copy of complaint given, hearing. 15. In case of the failure to correct or remedy a violation of any code, rule or regulation of the commission, within a reasonable time, by conference, conciliation and persuasion, the department shall cause to be issued and served a written notice, together with the copy of a complaint made by it, or a copy of the complaint made to it, requiring the person so complained against to answer the charges of such complaint at a hearing before the department at a time and place to be specified in such notice.

C.26:2C-16 Hearing, procedure. 16. The respondent to such complaint may file a written answer thereto and may appear at such hearing in person or by representative, with or without counsel, and submit testimony, or both. The testimony taken at the hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity at such hearing, provided, however, that true copies of any transcript and of any other record made of or at such hearing shall be furnished to the respondent upon request and at his expense.

C.26:2C-17 Conducting hearing, subpoena. 17. Any hearing required by this act to be held before the department shall be held before the State Commissioner of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance,