S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9273

                          I N  A S S E M B L Y

                            February 13, 2012
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the state administrative procedure act and the  economic
  development  law,  in relation to streamlined adjudicatory proceedings
  for small businesses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state administrative procedure act is amended by adding
a new section 308 to read as follows:
  S  308.  STREAMLINED OPTIONAL ADJUDICATORY PROCEEDINGS FOR SMALL BUSI-
NESSES. UNLESS OTHERWISE PROHIBITED BY LAW, AN AGENCY  MAY  ADOPT  REGU-
LATIONS  PROVIDING  FOR USE AT THE OPTION OF A SMALL BUSINESS OF STREAM-
LINED ADJUDICATORY  PROCEEDINGS  CONDUCTED  BY  MAIL,  ELECTRONIC  MAIL,
TELEPHONE  CONFERENCE  OR VIDEOCONFERENCE. IN ADOPTING SUCH REGULATIONS,
THE AGENCY SHALL:
  1. CONSIDER THE TYPES OF PROGRAMS AND ISSUES FOR  WHICH  SUCH  STREAM-
LINED  PROCEEDINGS  MAY REASONABLY BE CONDUCTED, TAKING INTO ACCOUNT (A)
THE COMPLEXITY OF THE MATTERS TO BE RESOLVED IN THE PROCEEDING, (B)  THE
SEVERITY  OF POTENTIAL SANCTIONS, (C) ANY NECESSITY FOR PERSONAL APPEAR-
ANCES, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR SWORN TESTIMONY  OR
CROSS-EXAMINATION,  AND  (D)  ANY  POTENTIAL  REDUCTION IN THE COSTS AND
BURDENS OF PARTICIPATING IN THE PROCEEDING FOR THE AGENCY AND FOR  OTHER
PARTIES,  AND  SHALL APPROPRIATELY LIMIT THE AVAILABILITY OF STREAMLINED
PROCEEDINGS TO PROGRAMS AND ISSUES IN WHICH THE PUBLIC INTEREST IN  FAIR
OUTCOMES CAN CONTINUE TO BE ASSURED;
  2. ENSURE THAT A STREAMLINED PROCEEDING MAY ONLY BE USED AT THE OPTION
OF  THE RESPONDENT SMALL BUSINESS WITH THE CONSENT OF THE AGENCY AND ANY
OTHER NECESSARY PARTY TO THE PROCEEDING, AND THAT THE RIGHTS OF RESPOND-
ENTS AND OTHER PARTIES WILL NOT BE DIMINISHED IN ANY RESPECT  BY  VIRTUE
OF PARTICIPATION IN A STREAMLINED PROCEEDING;
  3.  SPECIFY  THE  FORMAT  OR FORMATS FOR REMOTE CONDUCT OF STREAMLINED
PROCEEDINGS;
  4.  ESTABLISH  PROCEDURES   FOR   REQUESTING   AND   SCHEDULING   SUCH
PROCEEDINGS,  FOR  THE CONDUCT OF SUCH PROCEEDINGS, AND FOR THE DEVELOP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14128-01-2

A. 9273                             2

MENT OF A COMPLETE RECORD AS PROVIDED IN SECTION THREE  HUNDRED  TWO  OF
THIS ARTICLE; AND
  5.  PROVIDE THAT, IN THE EVENT THAT IT BECOMES IMPRACTICAL OR INAPPRO-
PRIATE TO CONTINUE A PROCEEDING COMMENCED PURSUANT TO THIS SECTION AS  A
STREAMLINED PROCEEDING, SUCH PROCEEDING MAY BE RESCHEDULED AS AN ADJUDI-
CATORY  PROCEEDING PURSUANT TO SECTION THREE HUNDRED ONE OF THIS ARTICLE
WITHOUT PREJUDICE TO ANY PARTY.
  S 2. Paragraphs (g) and (h) of subdivision 6 of  section  133  of  the
economic  development law, paragraph (g) as amended and paragraph (h) as
added by section 5 of part BB of chapter 59 of the  laws  of  2006,  are
amended and a new paragraph (i) is added to read as follows:
  (g)  establish procedures for making annual awards to be known as "New
York State Small Business Awards". These non-monetary  awards  shall  be
given in recognition of unusual performance by persons, firms and organ-
izations  which  are  engaged  in  the operation of New York state small
businesses or which are engaged in activities to assist small businesses
in the state. The board may nominate up to five award  winners  annually
and forward such names to the governor for his consideration. The gover-
nor  may  designate award winners from these nominees at his discretion.
Current members of the advisory board  are  not  eligible  as  nominees;
[and]
  (h)  advise the commissioner on recommendations for the selection of a
minority and women-owned business enterprise statewide advocate  as  set
forth by section three hundred eleven-a of the executive law[.]; AND
  (I)  REPORT  TO  THE COMMISSIONER, THE GOVERNOR AND THE LEGISLATURE ON
AGENCY USE OF STREAMLINED OPTIONAL ADJUDICATORY  PROCEEDINGS  FOR  SMALL
BUSINESSES.
  S 3. Within one hundred eighty days of the effective date of this act,
the  departments  of  environmental conservation, health and labor shall
institute pilot projects  to  offer  optional  streamlined  adjudicatory
proceedings  for small businesses for at least one regulatory program of
the agency under which small businesses currently appear as  respondents
in  adjudicatory  proceedings;  provided, however, that the governor may
direct that another agency shall institute a pilot project instead of  a
listed  agency.  Such  pilot projects shall be designed by the agency in
conjunction with the division for small business and in consideration of
input solicited from small businesses and other stakeholders.   Notwith-
standing the provisions of section one of this act, the agency shall not
be  required  to adopt regulations governing such proceedings, but shall
ensure that such proceedings are governed by guidelines consistent  with
the  provisions  of  such  section  one  and voluntarily accepted by all
participants. One year after initiating  a  pilot  project,  the  agency
shall  prepare  a comparative review of the cost, timeliness and outcome
of streamlined proceedings and  ordinary  adjudicatory  proceedings  and
shall  provide  such  review to the small business advisory board, along
with any other information which the board shall request.
  S 4. Nothing in this act shall be  construed  to  limit  any  existing
authority  of  any  agency  to  provide  for the conduct of adjudicatory
proceedings by mail, telephone or electronic means.
  S 5. This act shall take effect immediately.