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NY S07324
Bill
Status
5/2/2012
Primary Sponsor
John Flanagan
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AI Summary
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Adds new section 308 to the State Administrative Procedure Act authorizing state agencies to adopt regulations allowing small businesses to opt into streamlined adjudicatory proceedings conducted by mail, electronic mail, telephone conference, or videoconference
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Requires agencies adopting streamlined proceedings to consider complexity of matters, severity of sanctions, necessity for personal appearances, and potential cost reductions while ensuring fair outcomes and that respondent rights are not diminished
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Mandates that streamlined proceedings may only be used with consent of both the small business respondent and the agency, and establishes procedures for requesting, scheduling, and conducting such proceedings
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Directs the departments of Environmental Conservation, Health, and Labor to institute pilot projects within 180 days offering optional streamlined proceedings for at least one regulatory program, with comparative reviews of cost, timeliness, and outcomes due after one year
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Requires the Small Business Advisory Board to report to the Commissioner, Governor, and Legislature on agency use of streamlined optional adjudicatory proceedings for small businesses
Legislative Description
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.
Last Action
COMMITTED TO RULES
6/21/2012