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.
STATE OF NEW YORK
________________________________________________________________________
5278
2009-2010 Regular Sessions
IN ASSEMBLY
February 11, 2009
___________
Introduced by M. of A. GIANARIS -- 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:
1 Section 1. The public service law is amended by adding a new section
2 20-a to read as follows:
3 § 20-a. Ex parte communications. With regard to all hearings before
4 the commissioner or an officer or employee specially authorized to
5 conduct an investigation or hearing, all parties shall receive written
6 notice of all ex parte communications and visits and shall have an
7 opportunity to respond.
8 § 2. Subdivision 2 of section 307 of the state administrative proce-
9 dure act is amended to read as follows:
10 2. Unless required for the disposition of ex parte matters authorized
11 by law, members or employees of an agency assigned to render a decision
12 or to make findings of fact and conclusions of law in an adjudicatory
13 proceeding shall not communicate, directly or indirectly, in connection
14 with any issue of fact, with any person or party, nor, in connection
15 with any issue of law, with any party or his representative, except upon
16 notice and opportunity for all parties to participate. Any such agency
17 member (a) may communicate with other members of the agency, and (b) may
18 have the aid and advice of agency staff other than staff which has been
19 or is engaged in the investigative or prosecuting functions in
20 connection with the case under consideration or factually related case.
21 [This subdivision does not apply (a) in determining applications for
22 initial licenses for public utilities or carriers; or (b) to proceedings
23 involving the validity or application of rates, facilities, or practices
24 of public utilities or carriers.]
25 § 3. This act shall take effect on the thirtieth day after it shall
26 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04953-01-9
