Section 71-3305. Administrative procedures  


Latest version.
  • 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.