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S01195 Summary:

Add S308, St Ad Proc Act; amd S133, Ec Dev L
Authorizes streamlined adjudicatory proceedings for small businesses appearing as respondents before certain state agencies; authorizes a pilot program by the departments of environmental conservation, health and labor and requires a report after 1 year.
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S01195 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                     January 9, 2013
        Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed,
          and when printed to be committed to the Committee on Commerce, Econom-
          ic Development and Small Business
        AN  ACT to amend the state administrative procedure act and the economic

          development law, in relation to streamlined  adjudicatory  proceedings
          for small businesses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The state administrative procedure act is amended by adding
     2  a new section 308 to read as follows:
     3    § 308. Streamlined optional adjudicatory proceedings for  small  busi-
     4  nesses.  Unless  otherwise  prohibited by law, an agency may adopt regu-
     5  lations providing for use at the option of a small business  of  stream-
     6  lined  adjudicatory  proceedings  conducted  by  mail,  electronic mail,
     7  telephone conference or videoconference. In adopting  such  regulations,
     8  the agency shall:

     9    1.  consider  the  types of programs and issues for which such stream-
    10  lined proceedings may reasonably be conducted, taking into  account  (a)
    11  the  complexity of the matters to be resolved in the proceeding, (b) the
    12  severity of potential sanctions, (c) any necessity for personal  appear-
    13  ances,  including but not limited to requirements for sworn testimony or
    14  cross-examination, and (d) any potential  reduction  in  the  costs  and
    15  burdens  of participating in the proceeding for the agency and for other
    16  parties, and shall appropriately limit the availability  of  streamlined
    17  proceedings  to programs and issues in which the public interest in fair
    18  outcomes can continue to be assured;

    19    2. ensure that a streamlined proceeding may only be used at the option
    20  of the respondent small business with the consent of the agency and  any
    21  other necessary party to the proceeding, and that the rights of respond-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1195                             2
     1  ents  and  other parties will not be diminished in any respect by virtue
     2  of participation in a streamlined proceeding;
     3    3.  specify  the  format  or formats for remote conduct of streamlined
     4  proceedings;

     5    4.  establish  procedures   for   requesting   and   scheduling   such
     6  proceedings,  for  the conduct of such proceedings, and for the develop-
     7  ment of a complete record as provided in section three  hundred  two  of
     8  this article; and
     9    5.  provide that, in the event that it becomes impractical or inappro-
    10  priate to continue a proceeding commenced pursuant to this section as  a
    11  streamlined proceeding, such proceeding may be rescheduled as an adjudi-
    12  catory  proceeding pursuant to section three hundred one of this article
    13  without prejudice to any party.
    14    § 2. Paragraphs (g) and (h) of subdivision 6 of  section  133  of  the
    15  economic  development law, paragraph (g) as amended and paragraph (h) as

    16  added by section 5 of part BB of chapter 59 of the  laws  of  2006,  are
    17  amended and a new paragraph (i) is added to read as follows:
    18    (g)  establish procedures for making annual awards to be known as "New
    19  York State Small Business Awards". These non-monetary  awards  shall  be
    20  given in recognition of unusual performance by persons, firms and organ-
    21  izations  which  are  engaged  in  the operation of New York state small
    22  businesses or which are engaged in activities to assist small businesses
    23  in the state. The board may nominate up to five award  winners  annually
    24  and forward such names to the governor for his consideration. The gover-
    25  nor  may  designate award winners from these nominees at his discretion.
    26  Current members of the advisory board  are  not  eligible  as  nominees;
    27  [and]
    28    (h)  advise the commissioner on recommendations for the selection of a

    29  minority and women-owned business enterprise statewide advocate  as  set
    30  forth by section three hundred eleven-a of the executive law[.]; and
    31    (i)  report  to  the commissioner, the governor and the legislature on
    32  agency use of streamlined optional adjudicatory  proceedings  for  small
    33  businesses.
    34    § 3. Within one hundred eighty days of the effective date of this act,
    35  the  departments  of  environmental conservation, health and labor shall
    36  institute pilot projects  to  offer  optional  streamlined  adjudicatory
    37  proceedings  for small businesses for at least one regulatory program of
    38  the agency under which small businesses currently appear as  respondents
    39  in  adjudicatory  proceedings;  provided, however, that the governor may
    40  direct that another agency shall institute a pilot project instead of  a

    41  listed  agency.  Such  pilot projects shall be designed by the agency in
    42  conjunction with the division for small business and in consideration of
    43  input solicited from small businesses and other stakeholders.   Notwith-
    44  standing the provisions of section one of this act, the agency shall not
    45  be  required  to adopt regulations governing such proceedings, but shall
    46  ensure that such proceedings are governed by guidelines consistent  with
    47  the  provisions  of  such  section  one  and voluntarily accepted by all
    48  participants. One year after initiating  a  pilot  project,  the  agency
    49  shall  prepare  a comparative review of the cost, timeliness and outcome
    50  of streamlined proceedings and  ordinary  adjudicatory  proceedings  and
    51  shall  provide  such  review to the small business advisory board, along
    52  with any other information which the board shall request.

    53    § 4. Nothing in this act shall be  construed  to  limit  any  existing
    54  authority  of  any  agency  to  provide  for the conduct of adjudicatory
    55  proceedings by mail, telephone or electronic means.
    56    § 5. This act shall take effect immediately.
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