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Senate Bill S4936

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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2011-S4936 (ACTIVE) - Details

See Assembly Version of this Bill:
A10656
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd ยง307, St Ad Proc Act
Versions Introduced in 2013-2014 Legislative Session:
S1088, A2651

2011-S4936 (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-S4936 (ACTIVE) - Sponsor Memo

2011-S4936 (ACTIVE) - Bill Text download pdf 

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

                                  4936

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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, 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.
                                                           LBD10911-01-1

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