S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2044
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the state administrative procedure
   act,  in relation to the creation of an office of administrative hear-
   ings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings.  New York's system of administrative
 adjudication is fragmented, and offers the appearance of  unfairness  to
 those  who  seek  access to relief from administrative actions that they
 consider unfair or unfounded.
   The  state's  administrative  adjudication  responsibilities  are  not
 unified  because  the  system provides for the conduct of administrative
 hearings in each of the state agencies which  enforce  laws,  rules  and
 regulations.  The result is duplication of functions, inconsistencies in
 procedures and policies, and confusion for those who seek to make use of
 the process. At the same time, lodging the responsibility for adjudicat-
 ing cases in the agencies which are responsible for bringing enforcement
 actions  can  create  the appearance of unfairness to those who may feel
 that their accuser is also judging their acts.
   In contrast to New York's agency based system, a number of states have
 adopted a different model for their  administrative  adjudication  proc-
 esses, which centralizes the responsibility for hearing contested admin-
 istrative  adjudications  in  a  single  office.  This alternative model
 offers savings from the  elimination  of  duplicative  responsibilities,
 consistency  in  processes,  and fairness for those who seek relief from
 administrative rulings with which they disagree.
   This act creates a process by which New York state  will  implement  a
 central system of administrative hearings.
   § 2. The executive law is amended by adding a new article 26-A to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04682-01-9

 A. 2044                             2
 
                               ARTICLE 26-A
                     OFFICE OF ADMINISTRATIVE HEARINGS
 SECTION 720. DEFINITIONS.
         721. OFFICE OF ADMINISTRATIVE HEARINGS.
         722. CHIEF  ADMINISTRATIVE  LAW  JUDGE;  FUNCTIONS,  POWERS  AND
                DUTIES.
         723. HEARINGS.
         724. HEARING OFFICERS; QUALIFICATIONS, POWERS AND DUTIES.
         725. ADJUDICATORY PROCEEDINGS TO WHICH HEARING OFFICERS ARE  NOT
                ASSIGNABLE; EXCEPTIONS.
         726. CONSTRUCTION; SEVERABILITY.
   §  720.  DEFINITIONS.  WHEN  USED  IN  THIS ARTICLE UNLESS THE CONTEXT
 OTHERWISE REQUIRES:
   1. "AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION,
 OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR A PUBLIC  BENEFIT
 CORPORATION  OR  PUBLIC  AUTHORITY,  A  MAJORITY  OF THE GOVERNING BOARD
 MEMBERS OF WHICH ARE EITHER  APPOINTED  BY  THE  GOVERNOR  OR  SERVE  AS
 MEMBERS  BY VIRTUE OF THEIR SERVICE AS AN OFFICER OF A STATE DEPARTMENT,
 DIVISION, AGENCY, BOARD OR BUREAU OR COMBINATION THEREOF  AUTHORIZED  BY
 LAW TO MAKE RULES OR TO MAKE FINAL DECISIONS IN ADJUDICATORY PROCEEDINGS
 BUT  SHALL  NOT  INCLUDE  THE  GOVERNOR, AGENCIES IN THE LEGISLATIVE AND
 JUDICIAL BRANCHES, AGENCIES CREATED BY INTERSTATE  COMPACT  OR  INTERNA-
 TIONAL    AGREEMENT OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS TO THE
 EXTENT IT EXERCISES ITS RESPONSIBILITY FOR MILITARY AND  NAVAL  AFFAIRS,
 THE  DIVISION  OF STATE POLICE, THE IDENTIFICATION AND INTELLIGENCE UNIT
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE STATE INSURANCE  FUND,
 THE  UNEMPLOYMENT  INSURANCE  APPEALS  BOARD,  THE WORKERS' COMPENSATION
 BOARD, THE STATE DIVISION OF PAROLE, THE DEPARTMENT OF  CORRECTIONS  AND
 COMMUNITY  SUPERVISION,  THE DIVISION OF TAX APPEALS, THE PUBLIC EMPLOY-
 MENT RELATIONS BOARD, THE EMPLOYMENT RELATIONS BOARD, THE NEW YORK STATE
 ETHICS COMMISSION OR THE DEPARTMENT OF FAMILY ASSISTANCE.
   2. "AGENCY MEMBER" MEANS AND INCLUDES THE INDIVIDUAL OR GROUP OF INDI-
 VIDUALS CONSTITUTING THE HIGHEST AUTHORITY WITHIN ANY AGENCY  AUTHORIZED
 OR  REQUIRED  BY LAW TO MAKE FINAL DECISIONS IN AN ADJUDICATORY PROCEED-
 ING.
   3. "ADJUDICATORY PROCEEDING" MEANS ANY ACTIVITY,  INCLUDING  LICENSING
 ACTIVITY,  AS  DEFINED IN ARTICLE ONE OF THE STATE ADMINISTRATIVE PROCE-
 DURE ACT AND HEARINGS OF THE DEPARTMENT OF MOTOR  VEHICLES  PURSUANT  TO
 ARTICLE  TWO-A OF THE VEHICLE AND TRAFFIC LAW, BEFORE AN AGENCY IN WHICH
 A DETERMINATION OF THE LEGAL RIGHTS,  DUTIES,  OBLIGATIONS,  PRIVILEGES,
 BENEFITS  OR  OTHER LEGAL RELATIONS OF NAMED PARTIES THERETO IS REQUIRED
 BY LAW OR PURSUANT TO A CONTRACT TO WHICH AN AGENCY  IS  A  PARTY  WHERE
 SUCH CONTRACT INCLUDES ADJUDICATORY DETERMINATIONS CONDUCTED BY AN AGEN-
 CY TO BE MADE ONLY AFTER AN OPPORTUNITY FOR A HEARING ON THE RECORD, BUT
 SHALL  NOT  INCLUDE RULE MAKING PROCEEDINGS AS DEFINED IN ARTICLE ONE OF
 THE STATE ADMINISTRATIVE PROCEDURE ACT INCLUDING RATE MAKING PROCEEDINGS
 OR OTHER ACTIONS AS DEFINED BY  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
 SECTION  ONE  HUNDRED  TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, AN
 EMPLOYEE DISCIPLINARY ACTION, PROFESSIONAL LICENSING OR  STUDENT  DISCI-
 PLINARY  ACTION    OR A PROCEEDING CONDUCTED BY THE AMERICAN ARBITRATION
 ASSOCIATION OR ANY SIMILAR NEUTRAL ADJUDICATORY ENTITY.
   4. "CHIEF ADMINISTRATIVE LAW JUDGE" MEANS THE DIRECTOR OF  ADMINISTRA-
 TIVE HEARINGS.
   5. "HEARING OFFICER" MEANS A PERSON APPOINTED BY THE CHIEF ADMINISTRA-
 TIVE  LAW  JUDGE  TO  CONDUCT  OR  PRESIDE  OVER  CONTESTED ADJUDICATORY
 PROCEEDINGS IN ACCORDANCE WITH THIS ARTICLE.

 A. 2044                             3
 
   6. "CONTESTED ADJUDICATORY PROCEEDING" MEANS AN ADJUDICATORY  PROCEED-
 ING IN WHICH A REQUEST FOR A HEARING ON DISPUTED ISSUES IS MADE.
   7.   "UNCONTESTED   ADJUDICATORY  PROCEEDING"  MEANS  AN  ADJUDICATORY
 PROCEEDING IN WHICH NO REQUEST FOR A HEARING IS RECEIVED AFTER NOTICE IS
 GIVEN.
   8. "OFFICE" MEANS THE OFFICE OF ADMINISTRATIVE HEARINGS.
   § 721. OFFICE OF ADMINISTRATIVE HEARINGS.  1. THERE IS HEREBY  CREATED
 IN  THE  EXECUTIVE DEPARTMENT AN OFFICE OF ADMINISTRATIVE HEARINGS.  THE
 OFFICE SHALL BE INDEPENDENT OF STATE ADMINISTRATIVE AGENCIES AND  SHALL,
 NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER GENERAL OR SPECIAL LAW, BE
 RESPONSIBLE FOR IMPARTIAL ADMINISTRATION OF ADJUDICATORY PROCEEDINGS  IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE OTHER THAN THOSE EXEMPTED
 ELSEWHERE  IN  THIS  ARTICLE.  THE CENTRAL OFFICE OF THE OFFICE SHALL BE
 LOCATED IN ALBANY, AND REGIONAL OFFICES SHALL BE ESTABLISHED  AND  MAIN-
 TAINED BY THE OFFICE AS THE CHIEF ADMINISTRATIVE LAW JUDGE MAY DETERMINE
 AND FOR WHICH APPROPRIATIONS ARE MADE THEREFOR.
   2.  THE  HEAD OF THE OFFICE, WHO SHALL BE ITS CHIEF EXECUTIVE OFFICER,
 SHALL BE THE CHIEF ADMINISTRATIVE LAW JUDGE WHO SHALL  BE  APPOINTED  BY
 THE  GOVERNOR  BY AND WITH THE CONSENT OF THE SENATE TO SERVE FOR A TERM
 OF SIX YEARS. SUCH PERSON SHALL  BE  KNOWLEDGEABLE  ON  THE  SUBJECT  OF
 ADMINISTRATIVE  LAW  AND  PROCEDURES  AND  SKILLED IN MATTERS PERTAINING
 THERETO.  ONCE APPOINTED AND CONFIRMED,  THE  CHIEF  ADMINISTRATIVE  LAW
 JUDGE  SHALL  SERVE  UNTIL  HIS  OR HER TERM EXPIRES OR UNTIL HIS OR HER
 SUCCESSOR HAS BEEN APPOINTED AND HAS BEEN QUALIFIED. A  VACANCY  IN  THE
 OFFICE  OF  CHIEF  ADMINISTRATIVE  LAW JUDGE OCCURRING OTHERWISE THAN BY
 EXPIRATION OF TERM SHALL BE FILLED FOR THE UNEXPIRED TERM  IN  THE  SAME
 MANNER AS ORIGINAL APPOINTMENTS. THE CHIEF ADMINISTRATIVE LAW JUDGE MAY,
 AFTER  NOTICE AND AN OPPORTUNITY TO BE HEARD, BE REMOVED BY THE GOVERNOR
 FOR NEGLECT OF DUTY OR MISFEASANCE IN OFFICE, AND THE CHIEF  ADMINISTRA-
 TIVE  LAW  JUDGE  MAY  BE  REMOVED  FOR OTHER CAUSE BY THE SENATE ON THE
 RECOMMENDATION OF THE GOVERNOR. THE CHIEF ADMINISTRATIVE LAW JUDGE SHALL
 DEVOTE HIS OR HER ENTIRE TIME TO THE DUTIES OF  THE  OFFICE.  THE  CHIEF
 ADMINISTRATIVE  LAW  JUDGE  SHALL RECEIVE A SALARY IN THE SAME AMOUNT AS
 THAT RECEIVED BY A STATE OFFICER DESIGNATED IN PARAGRAPH (C) OF SUBDIVI-
 SION ONE OF SECTION ONE HUNDRED SIXTY-NINE OF THIS CHAPTER.
   § 722. CHIEF ADMINISTRATIVE LAW JUDGE; FUNCTIONS, POWERS  AND  DUTIES.
 THE  CHIEF  ADMINISTRATIVE LAW JUDGE SHALL HAVE THE FOLLOWING FUNCTIONS,
 POWERS AND DUTIES:
   1. TO ESTABLISH, CONSOLIDATE, ALTER  OR  ABOLISH  ANY  BUREAU  IN  THE
 OFFICE;  TO  APPOINT THE HEAD OF SUCH BUREAUS AND FIX THEIR DUTIES; SUCH
 BUREAUS MAY BE ESTABLISHED FOR  THE  PURPOSE  OF  PROVIDING  SPECIALIZED
 HEARINGS FOR ANY GIVEN SUBJECT AREA.
   2.    SUBJECT  TO  THE CIVIL SERVICE LAW AND THE APPLICABLE COLLECTIVE
 BARGAINING AGREEMENT, TO APPOINT, REMOVE OR TRANSFER DEPUTIES, OFFICERS,
 ASSISTANTS, HEARING OFFICERS, COUNSELS AND OTHER  EMPLOYEES  AS  MAY  BE
 NECESSARY  FOR  THE EXERCISE OF THE POWERS AND PERFORMANCE OF THE DUTIES
 OF THE OFFICE; AND TO PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION
 WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
   3. WHEN REGULARLY APPOINTED HEARING OFFICERS ARE NOT AVAILABLE OR WHEN
 THE CHIEF ADMINISTRATIVE LAW JUDGE FINDS THAT THE CHARACTER OF A SPECIF-
 IC CASE REQUIRES THE UTILIZATION OF A DIFFERENT PROCEDURE FOR  ASSIGNING
 HEARING OFFICERS, THE CHIEF ADMINISTRATIVE LAW JUDGE, PURSUANT TO APPLI-
 CABLE  COLLECTIVE  BARGAINING  AGREEMENTS,  MAY  CONTRACT WITH QUALIFIED
 INDIVIDUALS TO SERVE AS HEARING OFFICERS.   SUCH  INDIVIDUALS  SHALL  BE
 COMPENSATED  FOR  THEIR SERVICES ON A CONTRACTUAL BASIS FOR EACH HEARING
 PURSUANT TO A REASONABLE FEE SCHEDULE  ESTABLISHED  IN  ADVANCE  BY  THE

 A. 2044                             4
 
 CHIEF  ADMINISTRATIVE  LAW JUDGE. THE CHIEF ADMINISTRATIVE LAW JUDGE MAY
 NOT CONTRACT WITH ANY INDIVIDUAL WHO IS  AT  THAT  TIME  AN  OFFICER  OR
 EMPLOYEE  OF  THE  STATE. TEMPORARY HEARING OFFICERS SHALL HAVE THE SAME
 QUALIFICATIONS FOR APPOINTMENT AS PERMANENT HEARING OFFICERS.
   4.  TO  DEVELOP AND IMPLEMENT A PROGRAM OF EVALUATION TO AID THE CHIEF
 ADMINISTRATIVE LAW JUDGE IN THE PERFORMANCE OF HIS OR HER DUTIES, AND TO
 ASSIST IN THE MAKING OF PROMOTIONS, DEMOTIONS OR REMOVALS. THIS  PROGRAM
 OF  EVALUATION  SHALL  FOCUS  ON THREE AREAS OF PERFORMANCE: COMPETENCE,
 PRODUCTIVITY AND DEMEANOR. IT SHALL INCLUDE CONSIDERATION  OF:  INDUSTRY
 AND  PROMPTNESS  IN  ADHERING TO SCHEDULES, MAKING RULINGS AND RENDERING
 DECISIONS;  TOLERANCE,  COURTESY,  PATIENCE,  ATTENTIVENESS,  AND   SELF
 CONTROL IN DEALING WITH LITIGANTS, WITNESSES AND REPRESENTATIVES, AND IN
 PRESIDING  OVER  ADJUDICATORY  PROCEEDINGS;  SKILLS AND KNOWLEDGE OF THE
 SUBJECT OF ADMINISTRATIVE LAW AND PROCEDURES AND NEW DEVELOPMENTS THERE-
 IN; ANALYTICAL TALENTS AND WRITING ABILITIES; SETTLEMENT SKILLS; QUANTI-
 TY, NATURE AND  QUALITY  OF  CASE  LOAD  DISPOSITION;  IMPARTIALITY  AND
 CONSCIENTIOUSNESS.    THE  CHIEF  ADMINISTRATIVE LAW JUDGE SHALL DEVELOP
 STANDARDS AND PROCEDURES FOR THIS PROGRAM, WHICH  SHALL  INCLUDE  TAKING
 COMMENTS  FROM  SELECTED LITIGANTS AND REPRESENTATIVES WHO HAVE APPEARED
 BEFORE A HEARING OFFICER. THE METHODS USED BY A HEARING OFFICER BUT  NOT
 THE RESULTS ARRIVED AT BY THE HEARING OFFICER IN ANY CASE MAY BE USED IN
 EVALUATING  A HEARING OFFICER. BEFORE IMPLEMENTING ANY ACTION BASED UPON
 THE FINDING OF THE EVALUATION  PROGRAM,  THE  CHIEF  ADMINISTRATIVE  LAW
 JUDGE  SHALL  DISCUSS THE FINDINGS AND PROPOSED ACTION WITH THE AFFECTED
 HEARING OFFICER; PROVIDED HOWEVER  THAT  THE  CHIEF  ADMINISTRATIVE  LAW
 JUDGE'S  AUTHORITY  PURSUANT  TO  THIS  SUBDIVISION  IS  SUBJECT  TO THE
 PROVISIONS OF THE  CIVIL  SERVICE  LAW  AND  THE  APPLICABLE  COLLECTIVE
 BARGAINING AGREEMENT.
   5.  TO  THE  EXTENT PERMITTED BY LAW, TO PUBLISH AND MAKE AVAILABLE TO
 THE PUBLIC ALL RECOMMENDED DECISIONS RENDERED BY A HEARING  OFFICER  AND
 ALL  DECISIONS  RENDERED  BY AN AGENCY AFTER A REVIEW OF A HEARING OFFI-
 CER'S RECOMMENDED DECISION.  THE  CHIEF  ADMINISTRATIVE  LAW  JUDGE  MAY
 CHARGE  A  REASONABLE  FEE FOR A COPY OF SUCH DETERMINATION OR DECISION.
 WHENEVER ANY LAW OF CONFIDENTIALITY  PREVENTS  THE  PUBLICATION  OF  THE
 IDENTITY  OF  ANY  OF  THE PARTIES, AN EDITED VERSION OF THE RECOMMENDED
 DECISION AND DECISION OF THE AGENCY SHALL BE PREPARED  WHICH  SHALL  NOT
 DISCLOSE THE IDENTITIES OF THE PROTECTED PARTIES.
   6.  TO  COLLECT,  COMPILE  AND  PREPARE FOR PUBLICATION STATISTICS AND
 OTHER DATA WITH RESPECT TO THE OPERATIONS AND DUTIES OF THE OFFICE,  AND
 TO SUBMIT ANNUALLY TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY
 LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY
 A  REPORT ON SUCH OPERATIONS INCLUDING BUT NOT LIMITED TO, THE NUMBER OF
 HEARINGS INITIATED, THE NUMBER OF RECOMMENDED  DECISIONS  RENDERED,  THE
 NUMBER  OF  PARTIAL  OR  TOTAL  REVERSALS BY THE AGENCIES, THE NUMBER OF
 PROCEEDINGS PENDING, AND ON ANY RECOMMENDATIONS OF THE OFFICE OF  STATU-
 TORY OR REGULATORY AMENDMENTS.
   7.  TO  STUDY  THE  SUBJECT  OF ADMINISTRATIVE ADJUDICATION IN ALL ITS
 ASPECTS, AND TO  DEVELOP  RECOMMENDATIONS  INCLUDING  ALTERNATE  DISPUTE
 RESOLUTION  INCLUDING PRELIMINARY OR PREHEARING CONFERENCES OR MEDIATION
 WHICH WOULD PROMOTE THE GOALS OF FAIRNESS,  UNIFORMITY  AND  COST-EFFEC-
 TIVENESS.  AGENCIES  SHALL GIVE THE OFFICE READY ACCESS TO THEIR RECORDS
 AND FULL INFORMATION AND REASONABLE ASSISTANCE IN ANY MATTER OF RESEARCH
 REQUIRING RECOURSE TO THEM OR TO ANY  DATA  WITHIN  THEIR  KNOWLEDGE  OR
 CONTROL.  SUCH  ACCESS, INFORMATION AND ASSISTANCE SHALL NOT BE REQUIRED
 WHERE IT WOULD BE WITHIN EXISTING REQUIREMENTS OF CONFIDENTIALITY.

 A. 2044                             5
 
   8. TO ADOPT, PROMULGATE, AMEND AND RESCIND RULES  AND  REGULATIONS  TO
 CARRY  OUT THE PROVISIONS OF THIS ARTICLE AND THE POLICIES OF THE OFFICE
 IN CONNECTION THEREWITH. SUCH RULES AND REGULATIONS SHALL BE  CONSISTENT
 WITH  THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL SUPERSEDE ANY INCON-
 SISTENT  AGENCY RULES, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, UNIFORM
 STANDARDS AND PROCEDURES, RULES OF PRACTICE, RULES OF  EVIDENCE,  STAND-
 ARDS FOR DETERMINING WHEN AN EXPEDITED HEARING WILL BE CONDUCTED, STAND-
 ARDS  FOR  UNCONTESTED  PROCEEDINGS, STANDARDS AND GUIDELINES RELATED TO
 TIME LIMITS FOR AGENCY ACTION PURSUANT TO THE PROVISIONS OF  SUBDIVISION
 ONE OF SECTION THREE HUNDRED SEVEN OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT,  STANDARDS FOR THE ASSIGNMENT OF HEARING OFFICERS AND THEIR REMOVAL
 FROM CASES, AND FOR THE MAINTENANCE OF  RECORDS  IN  ORDER  THAT,  WHERE
 AUTHORIZED BY LAW, THE COSTS OF A HEARING MAY BE ALLOCATED TO A PARTY OR
 TO THE FEDERAL GOVERNMENT.
   9.  TO  SECURE,  COMPILE  AND MAINTAIN ALL REPORTS OF HEARING OFFICERS
 ISSUED PURSUANT TO  THIS  ARTICLE,  AND  SUCH  REFERENCE  MATERIALS  AND
 SUPPORTING  INFORMATION AS MAY BE APPROPRIATE AND TO ESTABLISH APPROPRI-
 ATE MANAGEMENT INFORMATION SYSTEMS.
   10. TO DEVELOP AND MAINTAIN A PROGRAM FOR THE CONTINUING TRAINING  AND
 EDUCATION OF HEARING OFFICERS AND ANCILLARY PERSONNEL.
   11.  TO  SUBMIT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY
 LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY
 AN EVALUATION OF THE EFFECTIVENESS OF THE OFFICE IN ATTAINING THE OBJEC-
 TIVES SPECIFIED IN THIS ARTICLE PREPARED BY AN ENTITY INDEPENDENT OF THE
 OFFICE.  SUCH EVALUATION SHALL BE SUBMITTED BY NOVEMBER  THIRTIETH,  TWO
 THOUSAND TWENTY-ONE AND BY SEPTEMBER FIRST EVERY TWO YEARS THEREAFTER.
   §  723.  HEARINGS. 1. THE OFFICE SHALL BE VESTED WITH EXCLUSIVE JURIS-
 DICTION TO HEAR CASES WHICH COME BEFORE IT AND ALL CONTESTED ADJUDICATO-
 RY PROCEEDINGS REQUIRED TO BE CONDUCTED  UNDER  THIS  ARTICLE  SHALL  BE
 CONDUCTED  BY A HEARING OFFICER ASSIGNED BY THE CHIEF ADMINISTRATIVE LAW
 JUDGE.
   2. IF THE CHIEF ADMINISTRATIVE LAW JUDGE DEEMS IT APPROPRIATE, A HEAR-
 ING OFFICER MAY BE ASSIGNED BY THE CHIEF  ADMINISTRATIVE  LAW  JUDGE  TO
 CONDUCT  OR  ASSIST  IN ADMINISTRATIVE DUTIES AND PROCEEDINGS OTHER THAN
 THOSE RELATED TO CONTESTED ADJUDICATORY PROCEEDINGS, INCLUDING  BUT  NOT
 LIMITED  TO,  RULE  MAKING AND INVESTIGATIVE HEARINGS IF REQUESTED BY AN
 AGENCY.
   3. ADJUDICATORY PROCEEDINGS SHALL BE SCHEDULED FOR SUITABLE  LOCATIONS
 EITHER  AT  THE  OFFICES OF THE OFFICE OR ELSEWHERE IN THE STATE, TAKING
 INTO CONSIDERATION THE CONVENIENCE OF THE WITNESSES AND PARTIES, AS WELL
 AS THE NATURE OF THE PROCEEDINGS.
   4. HEARING OFFICERS SHALL BE ASSIGNED TO CONDUCT HEARINGS BY THE CHIEF
 ADMINISTRATIVE LAW JUDGE WHO SHALL, WHENEVER  PRACTICAL,  USE  PERSONNEL
 HAVING  EXPERTISE  IN  THE  FIELD  OR  SUBJECT MATTER OF THE HEARING AND
 ASSIGN HEARING OFFICERS PRIMARILY TO THE HEARINGS OF PARTICULAR AGENCIES
 ON A LONG TERM BASIS.
   5. ALL HEARINGS SHALL BE  CONDUCTED  IN  CONFORMANCE  WITH  THE  STATE
 ADMINISTRATIVE PROCEDURE ACT.
   6. UPON RECEIPT OF A REQUEST FOR A HEARING, AN AGENCY SHALL WITHIN TEN
 BUSINESS  DAYS GIVE NOTICE TO THE OFFICE AND REQUEST THE ASSIGNMENT OF A
 HEARING OFFICER TO THE PROCEEDING. THE CHIEF  ADMINISTRATIVE  LAW  JUDGE
 SHALL COMMENCE A HEARING WITHIN THE TIME PERIOD REQUIRED BY LAW OR IF NO
 SUCH  PERIOD IS REQUIRED, WITHIN THIRTY BUSINESS DAYS OF SUCH NOTICE. IF
 THE CHIEF ADMINISTRATIVE LAW JUDGE, FOR GOOD CAUSE, CANNOT COMMENCE SUCH
 HEARING WITHIN THE STATED PERIOD OF TIME, HE OR SHE SHALL PROVIDE NOTICE
 TO ALL PARTIES, WITH SUCH CAUSE  SHOWN,  WITHIN  TEN  BUSINESS  DAYS  OF

 A. 2044                             6
 
 RECEIPT  OF THE REQUEST FOR SUCH HEARING AND SHALL SCHEDULE SUCH HEARING
 WITHIN TEN ADDITIONAL BUSINESS DAYS OF SUCH REQUEST.
   7.  NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO DEPRIVE AN AGENCY
 MEMBER OF THE AUTHORITY TO DETERMINE WHETHER A DISPUTED ISSUE EXISTS  OR
 TO  ADOPT,  REJECT OR MODIFY THE FINDINGS OF FACT AND CONCLUSIONS OF LAW
 OF ANY HEARING OFFICER.
   § 724. HEARING OFFICERS; QUALIFICATIONS, POWERS  AND  DUTIES.  1.  THE
 CHIEF  ADMINISTRATIVE LAW JUDGE SHALL APPOINT HEARING OFFICERS WHO SHALL
 BE AUTHORIZED TO CONDUCT ANY HEARING OR MOTION PRACTICE AUTHORIZED TO BE
 HELD BY THE OFFICE. HEARING OFFICERS SHALL BE IN THE  COMPETITIVE  CLASS
 OF THE CLASSIFIED CIVIL SERVICE.
   2. UNLESS OTHERWISE AUTHORIZED BY LAW AND EXCEPT AS PROVIDED IN SUBDI-
 VISION THREE OF THIS SECTION, A HEARING OFFICER SHALL NOT COMMUNICATE IN
 CONNECTION  WITH  ANY  ISSUE THAT RELATES IN ANY WAY TO THE MERITS OF AN
 ADJUDICATORY PROCEEDING PENDING BEFORE  THE  HEARING  OFFICER  WITH  ANY
 PERSON  EXCEPT  UPON  NOTICE  AND OPPORTUNITY FOR ALL PARTIES TO PARTIC-
 IPATE.
   3. A HEARING OFFICER MAY CONSULT ON QUESTIONS OF LAW  AND  MINISTERIAL
 MATTERS  WITH HIS OR HER SUPERVISOR, OTHER HEARING OFFICERS, AND SUPPORT
 STAFF OF THE OFFICE, PROVIDED THAT SUCH SUPERVISORS, HEARING OFFICERS OR
 SUPPORT STAFF HAVE NOT BEEN ENGAGED IN  INVESTIGATIVE  OR  PROSECUTORIAL
 FUNCTIONS IN CONNECTION WITH THE ADJUDICATORY PROCEEDING UNDER CONSIDER-
 ATION OR A FACTUALLY RELATED ADJUDICATORY PROCEEDING.
   4.  A HEARING OFFICER SHALL NOT PARTICIPATE IN ANY PROCEEDING TO WHICH
 HE OR SHE IS A PARTY; IN WHICH HE OR SHE HAS BEEN ATTORNEY,  COUNSEL  OR
 REPRESENTATIVE;  IN  WHICH  HE  OR SHE IS INTERESTED; OR IF HE OR SHE IS
 RELATED BY CONSANGUINITY OR AFFINITY TO ANY  PARTY  TO  THE  CONTROVERSY
 WITHIN THE SIXTH DEGREE.
   5. HEARING OFFICERS SHALL:
   (A) HAVE ALL OF THE POWERS AND DUTIES OF PRESIDING OFFICERS AS AUTHOR-
 IZED BY ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   (B)  ADVISE AN AGENCY, AS TO THE LOCATION AT WHICH AND THE TIME DURING
 WHICH A HEARING SHOULD BE HELD SO AS TO ALLOW FOR PARTICIPATION  BY  ALL
 AFFECTED INTERESTS.
   (C) CONDUCT ONLY HEARINGS FOR WHICH PROPER NOTICE HAS BEEN GIVEN.
   (D)  SEE TO IT THAT ALL HEARINGS ARE CONDUCTED IN A FAIR AND IMPARTIAL
 MANNER.
   (E) ISSUE A RECOMMENDED DECISION TO AN AGENCY STATING FINDINGS OF FACT
 AND CONCLUSIONS OF LAW.
   6.  NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (E)  OF  SUBDIVISION
 FIVE  OF  THIS  SECTION,  HEARING  OFFICERS  SHALL RENDER DETERMINATIONS
 CONCERNING CHARGES PURSUANT TO ARTICLE TWO-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   §  725.  ADJUDICATORY  PROCEEDINGS  TO  WHICH HEARING OFFICERS ARE NOT
 ASSIGNABLE; EXCEPTIONS. UNLESS A REQUEST IS MADE BY THE AGENCY, NO HEAR-
 ING OFFICER SHALL BE ASSIGNED BY THE CHIEF ADMINISTRATIVE LAW  JUDGE  TO
 HEAR AN ADJUDICATORY PROCEEDING WITH RESPECT TO:
   1.  THE  DIVISION OF MILITARY AND NAVAL AFFAIRS TO THE EXTENT IT EXER-
 CISES ITS RESPONSIBILITY FOR MILITARY AND NAVAL AFFAIRS, THE DIVISION OF
 STATE POLICE, THE IDENTIFICATION AND INTELLIGENCE UNIT OF  THE  DIVISION
 OF CRIMINAL JUSTICE SERVICES, THE STATE INSURANCE FUND, THE UNEMPLOYMENT
 INSURANCE  APPEALS  BOARD,  THE  WORKERS'  COMPENSATION BOARD, THE STATE
 DIVISION OF PAROLE, THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
 VISION,  THE  DIVISION  OF  TAX APPEALS, THE PUBLIC EMPLOYMENT RELATIONS
 BOARD AND THE EMPLOYMENT RELATIONS BOARD,  THE  NEW  YORK  STATE  ETHICS
 COMMISSION OR THE DEPARTMENT OF FAMILY ASSISTANCE.

 A. 2044                             7
 
   2.  ANY PROCEEDING RELATING TO INDIVIDUALS IN THE CARE OR CUSTODY OF A
 MEDICAL, MENTAL, REHABILITATIVE OR  CUSTODIAL  PROGRAM  OPERATED  BY  AN
 AGENCY.
   3. UNCONTESTED ADJUDICATORY PROCEEDINGS.
   4.  ANY MATTER WHERE AN AGENCY MEMBER, COMMISSIONER OR SEVERAL COMMIS-
 SIONERS ARE REQUIRED TO CONDUCT, OR DETERMINE TO CONDUCT,  THE  HEARINGS
 DIRECTLY AND INDIVIDUALLY.
   5.    ANY  HEARING  WHICH MUST, BY THE REQUIREMENTS OF FEDERAL LAW, BE
 CONDUCTED BY ANOTHER STATE AGENCY.
   § 726. CONSTRUCTION; SEVERABILITY. 1.  THE PROVISIONS OF THIS  ARTICLE
 SHALL  NOT  BE  CONSTRUED  TO  LIMIT  OR  REPEAL ADDITIONAL REQUIREMENTS
 IMPOSED BY LAW.
   2. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCES  IS  ADJUDGED  INVALID BY A COURT OF COMPETENT
 JURISDICTION, SUCH JUDGMENT SHALL NOT AFFECT OR IMPAIR THE  VALIDITY  OF
 THE OTHER PROVISIONS OF THIS ARTICLE OR THE APPLICATION THEREOF TO OTHER
 PERSONS OR CIRCUMSTANCES.
   §  3.  Subdivision 2 of section 301 of the state administrative proce-
 dure act, as amended by chapter 675 of the laws of 1986, is  amended  to
 read as follows:
    2. All parties shall be given reasonable WRITTEN notice of such hear-
 ing,  which notice shall include (a) a statement of the time, place, and
 nature of the hearing; (b) a statement of the legal authority and juris-
 diction under which the hearing is to be held; (c) a  reference  to  the
 particular  sections of the statutes and rules involved, where possible;
 (d) a short and plain statement of matters asserted; and (e) a statement
 that interpreter services shall be made available to deaf persons, at no
 charge, pursuant to this section.  Upon application of any party, a more
 definite and detailed statement shall be furnished whenever  the  agency
 finds that the statement is not sufficiently definite or not sufficient-
 ly  detailed.  The finding of the agency as to the sufficiency of defin-
 iteness or detail of the statement or its failure or refusal to  furnish
 a  more  definite or detailed statement shall not be subject to judicial
 review. Any statement furnished shall be deemed, in all respects, to  be
 a part of the notice of hearing.
   §  4.  Subdivision 6 of section 301 of the state administrative proce-
 dure act, as amended by chapter 703 of the laws of 1991, is  amended  to
 read as follows:
   6.  Whenever  any  deaf  person is a party OR A WITNESS THEREIN, to an
 adjudicatory proceeding before an agency[,] or [a witness  therein]  THE
 OFFICE  OF  ADMINISTRATIVE  HEARINGS IN THE EXECUTIVE DEPARTMENT, AS THE
 CASE MAY BE, such agency OR SUCH OFFICE OF  ADMINISTRATIVE  HEARINGS  in
 all  instances shall appoint a qualified interpreter who is certified by
 a recognized national or  New  York  state  credentialing  authority  to
 interpret  the  proceedings  to, and the testimony of, such deaf person.
 The agency OR SUCH OFFICE  OF  ADMINISTRATIVE  HEARINGS  conducting  the
 adjudicatory  proceeding  shall  determine a reasonable fee for all such
 interpreting services which shall be a charge upon the agency. WHERE THE
 ADJUDICATORY HEARING IS BEFORE A HEARING OFFICER ASSIGNED BY  THE  CHIEF
 ADMINISTRATIVE  LAW JUDGE OF SUCH OFFICE OF ADMINISTRATIVE HEARINGS, THE
 CHIEF ADMINISTRATIVE LAW JUDGE SHALL DETERMINE A REASONABLE FEE FOR  ALL
 SUCH  INTERPRETING SERVICES AND MAY CHARGE THE AGENCY FOR SUCH SERVICES,
 BUT IN NO INSTANCE SHALL SUCH DEAF PERSONS BE CHARGED FOR SUCH SERVICES.
   § 5. Subdivision 1 of section 302 of the state  administrative  proce-
 dure   act, as amended by chapter 250 of the laws of 1985, is amended to
 read as follows:

 A. 2044                             8
 
    1. The record in an adjudicatory proceeding shall include:   (a)  all
 notices,   pleadings,   motions,   intermediate  rulings;  (b)  evidence
 presented; (c) a statement of matters officially noticed except  matters
 so  obvious  that a statement of them would serve no useful purpose; (d)
 questions  and offers of proof, objections thereto, and rulings thereon;
 (e) proposed findings and exceptions, if any; (f) any findings of  fact,
 conclusions of law or other recommendations made by a presiding officer;
 and  (g)  any  decision,  RECOMMENDED  DECISION, determination, opinion,
 order or report rendered.
    § 6. The opening paragraph of subdivision 2 of  section  302  of  the
 state administrative procedure act is designated paragraph (a) and a new
 paragraph (b) is added to read as follows:
    (B)  WHERE  THE  ADJUDICATORY  HEARING  IS  BEFORE  A HEARING OFFICER
 ASSIGNED BY THE CHIEF ADMINISTRATIVE LAW JUDGE OF THE OFFICE OF ADMINIS-
 TRATIVE HEARINGS IN THE EXECUTIVE DEPARTMENT, THE  CHIEF  ADMINISTRATIVE
 LAW  JUDGE SHALL MAKE A COMPLETE RECORD OF ALL ADJUDICATORY PROCEEDINGS.
 FOR THIS PURPOSE, UNLESS OTHERWISE PROVIDED BY STATUTE, THE CHIEF ADMIN-
 ISTRATIVE LAW JUDGE MAY USE WHATEVER MEANS HE OR SHE DEEMS  APPROPRIATE,
 INCLUDING  BUT NOT LIMITED TO, THE USE OF STENOGRAPHIC TRANSCRIPTIONS OR
 ELECTRONIC RECORDING DEVICES.  UPON REQUEST MADE BY ANY PARTY  UPON  THE
 AGENCY  WITHIN A REASONABLE TIME, BUT PRIOR TO THE TIME FOR COMMENCEMENT
 OF JUDICIAL REVIEW, OF ITS GIVING NOTICE OF ITS DECISION, DETERMINATION,
 OPINION OR ORDER, THE AGENCY SHALL SECURE A COPY  OF  THE  FINAL  RECORD
 TOGETHER  WITH  ANY TRANSCRIPT OF PROCEEDINGS FROM THE CHIEF ADMINISTRA-
 TIVE LAW JUDGE WITHIN A REASONABLE TIME AND SHALL FURNISH A COPY OF  THE
 RECORD  AND TRANSCRIPT OR ANY PART THEREOF TO ANY PARTY AS HE OR SHE MAY
 REQUEST. EXCEPT WHEN ANY STATUTE PROVIDES OTHERWISE, THE CHIEF  ADMINIS-
 TRATIVE  LAW  JUDGE IS AUTHORIZED TO CHARGE THE AGENCY NOT MORE THAN ITS
 COST FOR THE PREPARATION AND FURNISHING OF SUCH RECORD OR TRANSCRIPT  OR
 ANY  PART  THEREOF,  AND  THE  AGENCY MAY PASS ANY SUCH CHARGE ON TO THE
 PERSON REQUESTING THE RECORD.
   § 7. Section 307 of the state administrative procedure  act,  subdivi-
 sion  3 as added by chapter 504 of the laws of 1983 and paragraph (a) of
 subdivision 3 as amended by chapter 645 of the laws of 1995, is  amended
 to read as follows:
   §  307. Decisions, determinations and orders. 1. WHERE THE ADMINISTRA-
 TIVE HEARING IS BEFORE A HEARING OFFICER ASSIGNED BY THE CHIEF  ADMINIS-
 TRATIVE LAW JUDGE OF THE OFFICE OF ADMINISTRATIVE HEARINGS IN THE EXECU-
 TIVE DEPARTMENT:
   (A)  AFTER  THE HEARING, THE HEARING OFFICER SHALL ISSUE A RECOMMENDED
 DECISION BASED ON FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH SHALL BE
 SUBMITTED TO THE AGENCY, TO THE PARTIES  TO  THE  PROCEEDING  AND  THEIR
 REPRESENTATIVES  WITHIN  REASONABLE TIME LIMITS PROVIDED FOR BY STATUTE,
 OR, IF NO TIME LIMIT IS  SO  PROVIDED  FOR,  WITHIN  THIRTY  DAYS  AFTER
 SUBMISSION  OF BRIEFS SUBSEQUENT TO THE COMPLETION OF THE HEARING OR, IF
 BRIEFS ARE NOT SUBMITTED, THEN WITHIN THIRTY DAYS  AFTER  COMPLETION  OF
 THE  HEARING,  PROVIDED  HOWEVER, THAT SUCH THIRTY DAY TIME LIMIT MAY BE
 EXTENDED IN COMPLEX CASES FOR GOOD CAUSE SHOWN FOR AN ADDITIONAL  THIRTY
 DAY  PERIOD  UPON  APPROVAL  BY THE CHIEF ADMINISTRATIVE LAW JUDGE OF AN
 APPLICATION FOR EACH SUCH EXTENSION FILED THEREFOR BY THE HEARING  OFFI-
 CER. THE AGENCY MAY ADOPT THE RECOMMENDED DECISION IN ITS ENTIRETY OR IN
 PART,  OR  ISSUE ITS OWN DECISION. UPON RECEIPT OF THE RECOMMENDED DECI-
 SION OF THE HEARING OFFICER, THE AGENCY SHALL ADOPT OR ISSUE  ITS  FINAL
 DECISION  WITHIN  FIFTEEN BUSINESS DAYS. SHOULD THE AGENCY FAIL TO ADOPT
 OR ISSUE ITS FINAL DECISION WITHIN FIFTEEN DAYS, THE  RECOMMENDED  DECI-
 SION SHALL BECOME FINAL.

 A. 2044                             9
 
   (B)  WHERE  THE AGENCY DIFFERS FROM A FINDING OF FACT OR CONCLUSION OF
 LAW MADE BY THE HEARING OFFICER IN THE RECOMMENDED DECISION, THE  AGENCY
 SHALL MAKE A WRITTEN EXCEPTION TO SUCH FINDING AND STATE WHY IT HAS MADE
 SUCH EXCEPTION, WHICH SHALL BE MADE PART OF THE RECORD. THE AGENCY SHALL
 TRANSMIT  A  COPY OF EACH FINAL DECISION TO THE OFFICE OF ADMINISTRATIVE
 HEARINGS IN THE EXECUTIVE DEPARTMENT.
   (C) IF THE AGENCY DETERMINES THAT ADDITIONAL  EVIDENCE  IS  NECESSARY,
 THE  MATTER SHALL BE REFERRED TO SUCH OFFICE OF ADMINISTRATIVE HEARINGS.
 IF THE SAME HEARING OFFICER IS UNAVAILABLE, A DIFFERENT HEARING  OFFICER
 SHALL  BE ASSIGNED BY THE CHIEF ADMINISTRATIVE LAW JUDGE OF SUCH OFFICE.
 AFTER TAKING THE ADDITIONAL EVIDENCE, THE HEARING OFFICER SHALL  PREPARE
 A  RECOMMENDED DECISION AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION
 UPON THE ADDITIONAL EVIDENCE AND THE RECORD OF THE PRIOR HEARING. A COPY
 OF SUCH RECOMMENDED DECISION SHALL BE SUBMITTED TO THE AGENCY AND TO THE
 PARTIES AND THEIR REPRESENTATIVES AS PROVIDED IN SUCH PARAGRAPH.
   2. A final decision, determination or order adverse to a party  in  an
 adjudicatory  proceeding shall be in writing or stated in the record and
 shall include findings of fact and conclusions of law or reasons for the
 decision, determination or order.   Findings of fact, if  set  forth  in
 statutory  language,  shall  be  accompanied  by  a concise and explicit
 statement of the underlying facts supporting the findings.    If  [,  in
 accordance  with  agency  rules,] a party submitted proposed findings of
 fact, [the] A RECOMMENDED OR  FINAL  decision,  determination  or  order
 shall  include a ruling upon each proposed finding.  A copy of the deci-
 sion, determination or order shall be delivered or mailed  forthwith  to
 each party and to his OR HER attorney of record.
   [2]  3.    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 OR HER represen-
 tative, except upon notice and opportunity for all  parties  to  partic-
 ipate.  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 prose-
 cuting 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.
   [3] 4.  (a) Each agency shall maintain an index by name and subject of
 all written RECOMMENDED AND final decisions, determinations  and  orders
 rendered  by  the  agency in adjudicatory proceedings.   For purposes of
 this subdivision, such index shall also include by name and subject  all
 written  RECOMMENDED  OR  final  decisions,  determinations  and  orders
 rendered by the agency pursuant to a  statute  providing  any  party  an
 opportunity  to  be heard, other than a rule making.  Such index and the
 text of any such written RECOMMENDED OR final decision, determination or
 order shall be available for public inspection and copying. Each  RECOM-
 MENDED  AND  FINAL  decision,  determination  and order shall be indexed
 within sixty days after having been rendered.
   (b) An agency may delete from any such  index,  RECOMMENDED  OR  FINAL
 decision,  determination  or  order  any information that, if disclosed,
 would constitute an unwarranted invasion of personal privacy  under  the

 A. 2044                            10
 
 provisions of subdivision two of section eighty-nine of the public offi-
 cers law and may also delete at the request of any person all references
 to  trade  secrets that, if disclosed, would cause substantial injury to
 the competitive position of such person. Information  which would reveal
 confidential  material  protected  by federal or state statute, shall be
 deleted from any such index, RECOMMENDED  OR  FINAL  decision,  determi-
 nation or order.
   § 8. Transfer of employees. 1. On or before January 1, 2020, the chief
 administrative law judge of the office of administrative hearings in the
 executive  department,  with the approval of the director of the budget,
 shall file with the chairpersons of the senate finance and assembly ways
 and means committees an implementation plan that indicates  which  posi-
 tions are to be transferred (and from which agencies) in order to imple-
 ment  the organization of such office of administrative hearings and the
 structure of the program required to be administered pursuant to article
 26-A of the executive law.
   2. Upon the filing of an approved plan as provided for in  subdivision
 1  of this section, the chief administrative law judge of such office is
 authorized, subject to the approval of the director of the budget and in
 accordance with the provisions of section 70 of the civil service law to
 transfer to such office such employees as he or she may deem  necessary.
 An  employee  so transferred shall not within a period of two years from
 the date of his or her transfer be subject to an involuntary  assignment
 which would require a relocation.
   3. A transferred employee shall remain in the same collective bargain-
 ing unit as was the case prior to his or her transfer; successor employ-
 ees  to the positions held by such transferred employees shall, consist-
 ent with the provisions of article 14  of  the  civil  service  law,  be
 included  in  the  same unit as their predecessors. Employees serving in
 positions in newly created titles shall be assigned to  the  appropriate
 bargaining  unit. Nothing contained in article 26-A of the executive law
 shall be construed to affect:  (a) the rights of employees pursuant to a
 collective bargaining agreement; (b) the representational  relationships
 among employee organizations or the bargaining relationships between the
 state  and an employee organization; or (c) existing law with respect to
 an application to the public employment relations board  seeking  desig-
 nation  by  such  board that certain persons are managerial or confiden-
 tial.
   § 9. Transfer of records. The records and files of all hearings  pend-
 ing  in  and unheard by agencies as of September 1, 2020 shall be trans-
 ferred to the office of administrative hearings in the executive depart-
 ment.
   § 10. Evaluations. 1. By July 1, 2021, a  preliminary  program  evalu-
 ation  of the following items shall be undertaken by an entity independ-
 ent of government, selected by the office of administrative hearings  in
 the  executive  department  through  a request for proposal process. The
 evaluation shall assess:
   (a) The effectiveness of such office to date  in  meeting  legislative
 objectives  in program design and funding and its efficiency in perform-
 ing its functions;
   (b) Any changes needed in organization or  processes,  or  in  program
 design, to provide adjudicatory services more effectively and efficient-
 ly.
   Such  evaluation  shall  be completed no later than November 30, 2021,
 and shall be submitted to the governor, the temporary president  of  the
 senate,  the speaker of the assembly, the minority leaders of the senate

 A. 2044                            11
 
 and the assembly, and the chairpersons of the senate  finance  committee
 and the assembly ways and means committee.
   2.  By July 1, 2023, program evaluations of the following issues shall
 be undertaken:
   (a) The extent to which such office has operated efficiently;
   (b) Changes needed in office organization or processes, or in  program
 design, to provide adjudicatory services more efficiently;
   (c)  The effectiveness of the office in meeting legislative objectives
 in program design and funding;
   (d) Changes needed in the organization or  processes,  or  in  program
 design to deliver the program more effectively; and
   (e)  An assessment of alternative mechanisms which could provide adju-
 dicatory services, taking into account potential effectiveness and effi-
 ciency.
   3. Program evaluations shall be undertaken by:  (a)  the  state  comp-
 troller;  and  (b) an entity independent of government, selected by such
 office of administrative hearings through a request for  proposal  proc-
 ess. Each review shall be completed no later than November 30, 2023, and
 shall  be  submitted  to  the  governor,  the temporary president of the
 senate, the speaker of the assembly, the minority leaders of the  senate
 and  the  assembly, and the chairpersons of the senate finance committee
 and the assembly ways and means committee.
   § 11. This act shall take effect immediately; provided  however,  that
 section two of this act shall take effect September 1, 2020; and further
 provided  that  this  act shall be applicable only to those adjudicatory
 proceedings pending or unheard on or after September 1, 2020.