Bill Text: NY S01749 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Requires notice of any ex parte communications or visits before the public service commission by a party to a hearing or investigation be given in writing to any affected party and to give such affected parties an opportunity to respond.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01749 Detail]

Download: New_York-2009-S01749-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1749
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2009
                                      ___________
       Introduced  by Sens. STAVISKY, ADAMS, DIAZ, DUANE, HUNTLEY -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Energy and Telecommunications
       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