§ 71-3305 — Administrative procedures

§ 71-3305. Administrative procedures.\n 1. In any proceeding initiated by the Lake George park commission\npursuant to this title, the commission or any person designated by the\ncommission for this purpose, may issue subpoenas and administer oaths in\nconnection with any hearing or investigation under or pursuant to the\nprovisions of this chapter, and it shall be the duty of the Lake George\npark commission and any persons designated by it for such purpose to\nissue such subpoenas at the request of and on behalf of any respondent.\n 2. The Lake George park commission and those persons designated by it\nshall not be bound by the laws of evidence in the conduct of hearing\nproceedings, but the determination shall be founded upon sufficient\nlegal evidence to sustain it.\n 3. All proceedings where the administrative penalties sought by the\nLake George park commission exceeds five thousand dollars, shall be\nreferred to the commissioner for processing in accordance with the\nprocedures specified in section 71-1709 of this chapter, except that,\nfollowing the processing of such proceedings, the Lake George park\ncommission shall make appropriate determinations and issue an order in\naccordance therewith in lieu of such action by the commissioner. All\nproceedings where the administrative penalties sought are less than or\nequal to five thousand dollars, may either be referred to the\ncommissioner as provided herein, or the Lake George park commission may\nappoint a hearing officer who must be an attorney admitted to practice\nlaw in the state of New York, who shall preside over such hearing and\nreport to the Lake George park commission regarding the hearing. The\ncommission shall establish by rules and regulations regarding\nqualifications of such hearing officers and appointment procedures,\nincluding per diem fees not to exceed two hundred fifty dollars.\n