Assembly Bill A10656

2011-2012 Legislative Session

Relates to notice of ex parte communications in certain proceedings involving state agencies

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10656 (ACTIVE) - Details

See Senate Version of this Bill:
S4936
Current Committee:
Assembly Governmental Operations
Law Section:
Public Service Law
Laws Affected:
Amd §307, St Ad Proc Act
Versions Introduced in 2013-2014 Legislative Session:
A2651, S1088

2011-A10656 (ACTIVE) - Summary

Requires a party to file notice of ex parte communications in proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers.

2011-A10656 (ACTIVE) - Bill Text download pdf

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

                                  10656

                          I N  A S S E M B L Y

                              June 12, 2012
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Simotas) --
  read once and referred to the Committee on Governmental Operations

AN ACT to amend 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:

  Section 1. Subdivision 2 of section 307 of  the  state  administrative
procedure act is amended to read as follows:
  2.  Unless required for the disposition of ex parte matters authorized
by law, members or employees of an agency assigned to render a  decision
or  to  make  findings of fact and conclusions of law in an adjudicatory
proceeding shall not communicate, directly or indirectly, in  connection
with  any  issue  of  fact, with any person or party, nor, in connection
with any issue of law, with any party or his representative, except upon
notice and opportunity for all parties to participate.  Any such  agency
member (a) may communicate with other members of the agency, and (b) may
have  the aid and advice of agency staff other than staff which has been
or  is  engaged  in  the  investigative  or  prosecuting  functions   in
connection with the case under consideration or factually related case.
  This  subdivision  does  not apply (a) in determining applications for
initial licenses for public utilities or carriers; or (b) to proceedings
involving the validity or application of rates, facilities, or practices
of public utilities or carriers; PROVIDED, HOWEVER, THAT WHEN  EX  PARTE
COMMUNICATIONS  IN  SUCH  PROCEEDINGS TAKE PLACE OUTSIDE OF A SETTLEMENT
PROCESS, COLLABORATIVE OR OTHER AGENCY-SANCTIONED EVENT, THE PARTY SHALL
FILE WITH THE AGENCY A NOTICE AND SUMMARY OF SUCH  COMMUNICATION,  WHICH
SHALL BE SERVED ON ALL PARTIES TO THAT PROCEEDING.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03913-03-2


              

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