Sanitary Code (PDF) - Erie County

(ii) The Commissioner of Health at the request of any respondent to a
complaint made pursuant to this article shall subpoena and compel the
attendance of such witnesses as the respondent may reasonably designate
and the said Commissioner shall require the production for examination of
any book or paper relating to the matter under investigation at any such
hearing.
(iii)
The testimony at the hearing may be under oath and recorded steno
graphically.
(h)
Order of Determination
After due consideration of the written and oral statements, the testimony and
arguments that shall be submitted under the provisions of Subsection (g) above, or
default in appearance of the respondent on the return day which shall be specified
on the notice given in Subsection (f) above, the Commissioner of Health may issue
and enter such final order, or make such final determination as he shall deem
appropriate under the circumstances, and he shall notify the respondent thereof in
writing by certified mail.
(i)
Review
Any final order or determination or other final action by the Commissioner of Health
and the validity or reasonableness of any code, rule or regulation of the Board of
Health shall be subject to review as provided in Article Seventy-eight of the Civil
Practice Law and Rules.