Prohibits ex parte communications with the public service commission by parties to pending adjudicatory proceedings.

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A1598A-2011 Actions

• Apr 30, 2012: enacting clause stricken
• Apr 30, 2012: recommitted to codes
• Jan 4, 2012: ordered to third reading cal.74
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 16, 2011: REFERRED TO RULES
• Jun 16, 2011: delivered to senate
• Jun 16, 2011: passed assembly
• Jun 14, 2011: ordered to third reading rules cal.207
• Jun 14, 2011: rules report cal.207
• Jun 14, 2011: reported
• Jun 13, 2011: reported referred to rules
• May 24, 2011: reported referred to codes
• May 5, 2011: print number 1598a
• May 5, 2011: amend (t) and recommit to corporations, authorities and commissions
• Jan 11, 2011: referred to corporations, authorities and commissions

A1598A-2011 Text

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

                                   1598--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 11, 2011
                                 ___________

  Introduced  by  M. of A. KELLNER -- Multi-Sponsored by -- M. of A. BENE-
    DETTO, BRENNAN, CLARK, MILLMAN,  PAULIN,  SWEENEY  --  read  once  and
    referred to the Committee on Corporations, Authorities and Commissions
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted to said committee

  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.
                                                             LBD03913-02-1