§ 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.