assembly Bill A6632

Signed By Governor
2013-2014 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 Via S1195 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.491
Nov 01, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.523
substituted for a6632
Jun 20, 2013 substituted by s1195
Jun 19, 2013 ordered to third reading rules cal.523
rules report cal.523
reported
Jun 17, 2013 reported referred to rules
Jun 10, 2013 reported referred to codes
Apr 12, 2013 referred to governmental operations

Co-Sponsors

A6632 (ACTIVE) - Details

See Senate Version of this Bill:
S1195
Law Section:
State Administrative Procedure Act
Laws Affected:
Add §308, St Ad Proc Act; amd §133, Ec Dev L
Versions Introduced in 2011-2012 Legislative Session:
A9273, S7324

A6632 (ACTIVE) - 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; requires a report after 1 year.

A6632 (ACTIVE) - Bill Text download pdf

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

                                  6632

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI,  LAVINE, GOODELL -- read once and
  referred to the Committee 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05664-01-3

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