What's happening
This bill requires written notice and response opportunities for all ex parte communications in certain administrative hearings, removing exemptions for public utilities and carriers.
Why it matters
Increases transparency and fairness. in administrative hearings by ensuring that all parties are informed of any private (ex parte) communications or visits related to the case, and have a formal chance to respond—helping to prevent decisions based on undisclosed or one-sided information.
Removes special exemptions. previously granted to public utilities and carriers, meaning these influential sectors are now subject to the same procedural safeguards as others, potentially affecting how utility rate cases and licensing disputes are handled.
Aligns administrative processes. with broader due process principles, potentially leading to more robust records for judicial review and greater public trust in agency decision-making, especially in cases involving significant public interests like energy, water, and transportation.
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Who cares
Headline styles
Notice for Ex Parte Contacts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Parties About Private Talks
In Senate Committee · Energy And Telecommunications · Sponsor Toby Ann Stavisky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2621
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. SIMOTAS -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. The public service law is amended by adding a new section 20-a to read as follows:
§ 20-a. Ex parte communications. With regard to all hearings before the commissioner or an officer or employee specially authorized to conduct an investigation or hearing, all parties shall receive written notice of all ex parte communications and visits and shall have an opportunity to respond.
§ 2. 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.]
§ 3. 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.
LBD04143-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.