|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 21, 2012||reported referred to rules|
|Jun 05, 2012||reported referred to codes|
|Feb 13, 2012||referred to governmental operations|
assembly Bill A9273
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A9273 (ACTIVE) - Details
A9273 (ACTIVE) - Bill Text download pdf
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.
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