N.Y. Environmental Conservation Law § 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.