State Codes and Statutes

Statutes > New-york > Sap > Article-3 > 307

§  307.  Decisions,  determinations  and  orders. 1. A final decision,  determination or order adverse to a party in an adjudicatory  proceeding  shall  be  in writing or stated in the record and shall include findings  of  fact  and  conclusions  of  law  or  reasons   for   the   decision,  determination  or  order.  Findings  of  fact, if set forth in statutory  language, shall be accompanied by a concise and  explicit  statement  of  the  underlying  facts  supporting  the findings. If, in accordance with  agency rules, a party submitted proposed findings of fact, the decision,  determination or  order  shall  include  a  ruling  upon  each  proposed  finding.  A  copy  of  the  decision,  determination  or  order shall be  delivered or mailed forthwith to each  party  and  to  his  attorney  of  record.    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. (a) Each agency shall maintain an index by name and subject of  all  written  final  decisions,  determinations  and  orders  rendered by the  agency in adjudicatory proceedings.  For purposes of  this  subdivision,  such  index  shall  also  include  by name and subject all written final  decisions, determinations and orders rendered by the agency pursuant  to  a  statute  providing any party an opportunity to be heard, other than a  rule making.   Such index  and  the  text  of  any  such  written  final  decision,   determination   or  order  shall  be  available  for  public  inspection and copying. Each decision, determination and order shall  be  indexed within sixty days after having been rendered.    (b)  An agency may delete from any such index, decision, determination  or order  any  information  that,  if  disclosed,  would  constitute  an  unwarranted  invasion  of  personal  privacy  under  the  provisions  of  subdivision two of section eighty-nine of the public  officers  law  and  may  also  delete  at  the request of any person all references to trade  secrets that, if  disclosed,  would  cause  substantial  injury  to  the  competitive  position  of  such  person.  Information which would reveal  confidential material protected by federal or state  statute,  shall  be  deleted from any such index, decision, determination or order.

State Codes and Statutes

Statutes > New-york > Sap > Article-3 > 307

§  307.  Decisions,  determinations  and  orders. 1. A final decision,  determination or order adverse to a party in an adjudicatory  proceeding  shall  be  in writing or stated in the record and shall include findings  of  fact  and  conclusions  of  law  or  reasons   for   the   decision,  determination  or  order.  Findings  of  fact, if set forth in statutory  language, shall be accompanied by a concise and  explicit  statement  of  the  underlying  facts  supporting  the findings. If, in accordance with  agency rules, a party submitted proposed findings of fact, the decision,  determination or  order  shall  include  a  ruling  upon  each  proposed  finding.  A  copy  of  the  decision,  determination  or  order shall be  delivered or mailed forthwith to each  party  and  to  his  attorney  of  record.    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. (a) Each agency shall maintain an index by name and subject of  all  written  final  decisions,  determinations  and  orders  rendered by the  agency in adjudicatory proceedings.  For purposes of  this  subdivision,  such  index  shall  also  include  by name and subject all written final  decisions, determinations and orders rendered by the agency pursuant  to  a  statute  providing any party an opportunity to be heard, other than a  rule making.   Such index  and  the  text  of  any  such  written  final  decision,   determination   or  order  shall  be  available  for  public  inspection and copying. Each decision, determination and order shall  be  indexed within sixty days after having been rendered.    (b)  An agency may delete from any such index, decision, determination  or order  any  information  that,  if  disclosed,  would  constitute  an  unwarranted  invasion  of  personal  privacy  under  the  provisions  of  subdivision two of section eighty-nine of the public  officers  law  and  may  also  delete  at  the request of any person all references to trade  secrets that, if  disclosed,  would  cause  substantial  injury  to  the  competitive  position  of  such  person.  Information which would reveal  confidential material protected by federal or state  statute,  shall  be  deleted from any such index, decision, determination or order.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sap > Article-3 > 307

§  307.  Decisions,  determinations  and  orders. 1. A final decision,  determination or order adverse to a party in an adjudicatory  proceeding  shall  be  in writing or stated in the record and shall include findings  of  fact  and  conclusions  of  law  or  reasons   for   the   decision,  determination  or  order.  Findings  of  fact, if set forth in statutory  language, shall be accompanied by a concise and  explicit  statement  of  the  underlying  facts  supporting  the findings. If, in accordance with  agency rules, a party submitted proposed findings of fact, the decision,  determination or  order  shall  include  a  ruling  upon  each  proposed  finding.  A  copy  of  the  decision,  determination  or  order shall be  delivered or mailed forthwith to each  party  and  to  his  attorney  of  record.    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. (a) Each agency shall maintain an index by name and subject of  all  written  final  decisions,  determinations  and  orders  rendered by the  agency in adjudicatory proceedings.  For purposes of  this  subdivision,  such  index  shall  also  include  by name and subject all written final  decisions, determinations and orders rendered by the agency pursuant  to  a  statute  providing any party an opportunity to be heard, other than a  rule making.   Such index  and  the  text  of  any  such  written  final  decision,   determination   or  order  shall  be  available  for  public  inspection and copying. Each decision, determination and order shall  be  indexed within sixty days after having been rendered.    (b)  An agency may delete from any such index, decision, determination  or order  any  information  that,  if  disclosed,  would  constitute  an  unwarranted  invasion  of  personal  privacy  under  the  provisions  of  subdivision two of section eighty-nine of the public  officers  law  and  may  also  delete  at  the request of any person all references to trade  secrets that, if  disclosed,  would  cause  substantial  injury  to  the  competitive  position  of  such  person.  Information which would reveal  confidential material protected by federal or state  statute,  shall  be  deleted from any such index, decision, determination or order.