Legislation
SECTION 307
Decisions, determinations and orders
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 307. Decisions, determinations and orders. 1. 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 decision,
determination or order shall include a ruling upon each proposed
finding. A copy of the decision, determination or order shall be
delivered or mailed forthwith to each party and to his attorney of
record.
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. (a) Each agency shall maintain an index by name and subject of all
written 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 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 final
decision, determination or order shall be available for public
inspection and copying. Each decision, determination and order shall be
indexed within sixty days after having been rendered.
(b) An agency may delete from any such index, decision, determination
or order any information that, if disclosed, would constitute an
unwarranted invasion of personal privacy under the provisions of
subdivision two of section eighty-nine of the public officers 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, decision, determination or order.
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 decision,
determination or order shall include a ruling upon each proposed
finding. A copy of the decision, determination or order shall be
delivered or mailed forthwith to each party and to his attorney of
record.
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. (a) Each agency shall maintain an index by name and subject of all
written 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 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 final
decision, determination or order shall be available for public
inspection and copying. Each decision, determination and order shall be
indexed within sixty days after having been rendered.
(b) An agency may delete from any such index, decision, determination
or order any information that, if disclosed, would constitute an
unwarranted invasion of personal privacy under the provisions of
subdivision two of section eighty-nine of the public officers 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, decision, determination or order.