Bill Text: NY A05278 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public service law and the state administrative procedure act, in relation to ex parte communications

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A05278 Detail]

Download: New_York-2009-A05278-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5278
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2009
                                      ___________
       Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN  ACT  to  amend  the  public service law and the state administrative
         procedure act, in relation to ex parte communications
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The public service law is amended by adding a new section
    2  20-a to read as follows:
    3    S 20-A. EX PARTE COMMUNICATIONS. WITH REGARD TO  ALL  HEARINGS  BEFORE
    4  THE  COMMISSIONER  OR  AN  OFFICER  OR  EMPLOYEE SPECIALLY AUTHORIZED TO
    5  CONDUCT AN INVESTIGATION OR HEARING, ALL PARTIES SHALL  RECEIVE  WRITTEN
    6  NOTICE  OF  ALL  EX  PARTE  COMMUNICATIONS  AND VISITS AND SHALL HAVE AN
    7  OPPORTUNITY TO RESPOND.
    8    S 2. Subdivision 2 of section 307 of the state  administrative  proce-
    9  dure act is amended to read as follows:
   10    2.  Unless required for the disposition of ex parte matters authorized
   11  by law, members or employees of an agency assigned to render a  decision
   12  or  to  make  findings of fact and conclusions of law in an adjudicatory
   13  proceeding shall not communicate, directly or indirectly, in  connection
   14  with  any  issue  of  fact, with any person or party, nor, in connection
   15  with any issue of law, with any party or his representative, except upon
   16  notice and opportunity for all parties to participate.  Any such  agency
   17  member (a) may communicate with other members of the agency, and (b) may
   18  have  the aid and advice of agency staff other than staff which has been
   19  or  is  engaged  in  the  investigative  or  prosecuting  functions   in
   20  connection with the case under consideration or factually related case.
   21    [This  subdivision  does not apply (a) in determining applications for
   22  initial licenses for public utilities or carriers; or (b) to proceedings
   23  involving the validity or application of rates, facilities, or practices
   24  of public utilities or carriers.]
   25    S 3.  This act shall take effect on the thirtieth day after  it  shall
   26  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04953-01-9