71-3305 - Administrative procedures.

§ 71-3305. Administrative procedures.    1.  In  any  proceeding  initiated  by the Lake George park commission  pursuant to this title, the commission or any person designated  by  the  commission for this purpose, may issue subpoenas and administer oaths in  connection  with  any  hearing or investigation under or pursuant to the  provisions of this chapter, and it shall be the duty of the Lake  George  park  commission  and  any  persons designated by it for such purpose to  issue such subpoenas at the request of and on behalf of any respondent.    2. The Lake George park commission and those persons designated by  it  shall  not  be  bound  by the laws of evidence in the conduct of hearing  proceedings, but the determination  shall  be  founded  upon  sufficient  legal evidence to sustain it.    3.  All  proceedings  where the administrative penalties sought by the  Lake George park commission exceeds  five  thousand  dollars,  shall  be  referred  to  the  commissioner  for  processing  in accordance with the  procedures specified in section 71-1709 of this  chapter,  except  that,  following  the  processing  of  such  proceedings,  the Lake George park  commission shall make appropriate determinations and issue an  order  in  accordance  therewith  in  lieu  of such action by the commissioner. All  proceedings where the administrative penalties sought are less  than  or  equal   to  five  thousand  dollars,  may  either  be  referred  to  the  commissioner as provided herein, or the Lake George park commission  may  appoint  a  hearing officer who must be an attorney admitted to practice  law in the state of New York, who shall preside over  such  hearing  and  report  to  the  Lake  George park commission regarding the hearing. The  commission  shall  establish  by   rules   and   regulations   regarding  qualifications  of  such  hearing  officers  and appointment procedures,  including per diem fees not to exceed two hundred fifty dollars.