S1088-2013 Actions

• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S1088-2013 Memo

BILL NUMBER:S1088

TITLE OF BILL:
An act
to amend the state administrative procedure act, in relation to ex parte
communications

PURPOSE:
This bill would require any party involved in proceedings before the
State Public Service Commission (PSC) to give written notification of
any ex parte communications with the PSC to other affected parties,
if such communications are otherwise permitted under SAPA.

SUMMARY OF SPECIFIC PROVISIONS:
The State Administrative Procedure Act is amended to provide that,
where ex parte communications are permitted before the Public Service
Commission, there will be a requirement that communicating parties
file a notice and summary of such communications with the Commission
and serve all parties to the proceeding.

JUSTIFICATION:
The current provisions of the State Administrative Procedure Act
prohibit certain ex parte communications with the Public Service
Commission. The bill amends this section to require that, where
communications are permitted under the Act, communicating parties
must file and serve a notice and summary of such communication with
the Commission and the parties to the relevant proceeding. Such
notice will ensure that all parties are aware of communications and
able to respond to arguments made or information provided.

These provisions are very similar to the ex parte rules that apply to
the Federal Communications Commission, and balance Department Staff
and Commissioners' need to access information with parties' due
process rights.

LEGISLATIVE HISTORY:
S4936/A10656 of 2011-12; Referred to Commerce, Economic Development
and Small Business

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have a
law.

S1088-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1088
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Commerce, Economic  Devel
 opment and Small Business
 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.
 LBD02263-01-3

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