senate Bill S7324

2011-2012 Legislative Session

Authorizes streamlined adjudicatory proceedings for small businesses appearing as respondents before certain state agencies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1028
May 02, 2012 referred to commerce, economic development and small business

Votes

view votes

Jun 5, 2012 - Commerce, Economic Development and Small Business committee Vote

S7324
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Jun 5, 2012

S7324 - Details

See Assembly Version of this Bill:
A9273
Law Section:
State Administrative Procedure Act
Laws Affected:
Add §308, St Ad Proc Act; amd §133, Ec Dev L

S7324 - Summary

Authorizes streamlined adjudicatory proceedings for small businesses appearing as respondents before certain state agencies; authorizes a pilot program by the departments of environmental conservation, health and labor and requires a report after 1 year.

S7324 - Sponsor Memo

S7324 - Bill Text download pdf

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

                                  7324

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14128-01-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.