Assembly Bill A964

2019-2020 Legislative Session

Requires notice of certain ex parte communications

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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2019-A964 (ACTIVE) - Details

See Senate Version of this Bill:
S3885
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Add §20-a, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A5278, S1749
2011-2012: A4873, S1783
2013-2014: A2132, S467
2015-2016: A4628, S3169
2017-2018: A2621, S5597

2019-A964 (ACTIVE) - Summary

Requires notice of any ex parte communications or visits before the public service commission by a party to a hearing or investigation be given in writing to any affected party and to give such affected parties an opportunity to respond.

2019-A964 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    964
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service  law  and  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. The public service law is amended by adding a  new  section
 20-a to read as follows:
   §  20-A.  EX  PARTE COMMUNICATIONS. WITH REGARD TO ALL HEARINGS BEFORE
 THE COMMISSIONER OR AN  OFFICER  OR  EMPLOYEE  SPECIALLY  AUTHORIZED  TO
 CONDUCT  AN  INVESTIGATION OR HEARING, ALL PARTIES SHALL RECEIVE WRITTEN
 NOTICE OF ALL EX PARTE COMMUNICATIONS  AND  VISITS  AND  SHALL  HAVE  AN
 OPPORTUNITY TO RESPOND.
   §  2.  Subdivision 2 of section 307 of the state administrative proce-
 dure 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.]
   §  3.   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

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