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

BILL NUMBER:S5535A

Title of bill

An act to amend the public service law and the state administrative procedure act, in relation to ex parte communications before the public service commission

Purpose

Would prohibit ex parte communications with the public service commis- sion by parties to pending adjudicatory proceedings.

Summary of specific provisions

Section 1 - Adds a new section 20-a of the public service law.

Subdivision 1 would prohibit commissioners or involved employees from receiving ex parte communications in any adjudicatory proceeding, unless required for the disposition of ex parte matters authorized by law;

Subdivision 2 would prohibit any party from making any ex parte communi- cations to any person prohibited from receiving such communications under subdivision 1;

Subdivision 3 would set forth requirements in the event that ex parte communications have occurred; and

Subdivision 4 would define "adjudicatory proceeding."

Section 2 - Would amend subdivision 2 of section 307 of the State Admin- istrative Procedure Act to make it non-applicable to proceedings before the public Service Commission.

Section 3 - contains the effective date and specific rules as to what cases would be subject to the new rules.

Justification

These amendments to the public service law will prohibit ex parte commu- nications with the public service commission by parties of pending adju- dicatory proceedings unless required for the disposition of ex parte matters authorized by law. This will provide for notice to all parties to have the opportunity to participate in the communications of a pend- ing proceeding. In order to ensure the integrity of adjudicatory proceedings is not compromised, a party cannot be allowed to communicate directly or indirectly in connection with any proceeding while it is pending.

Fiscal implications

New Bill in Senate.

Effective date

Immediately.