Bill Text: NY S05597 | 2017-2018 | 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 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05597 Detail]

Download: New_York-2017-S05597-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5597
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 19, 2017
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
        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    § 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    § 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    § 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.
                                                                   LBD04143-01-7