§ 307 — Decisions, determinations and orders

New York § 307

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 3: Adjudicatory Proceedings

Text

§ 307. Decisions, determinations and orders. 1. A final decision,\ndetermination or order adverse to a party in an adjudicatory proceeding\nshall be in writing or stated in the record and shall include findings\nof fact and conclusions of law or reasons for the decision,\ndetermination or order. Findings of fact, if set forth in statutory\nlanguage, shall be accompanied by a concise and explicit statement of\nthe underlying facts supporting the findings. If, in accordance with\nagency rules, a party submitted proposed findings of fact, the decision,\ndetermination or order shall include a ruling upon each proposed\nfinding. A copy of the decision, determination or order shall be\ndelivered or mailed forthwith to each party and to his attorney of\nrecord.\n 2. Unless required for the disposition of ex parte matters authorized\nby law, members or employees of an agency assigned to render a decision\nor to make findings of fact and conclusions of law in an adjudicatory\nproceeding shall not communicate, directly or indirectly, in connection\nwith any issue of fact, with any person or party, nor, in connection\nwith any issue of law, with any party or his representative, except upon\nnotice and opportunity for all parties to participate. Any such agency\nmember (a) may communicate with other members of the agency, and (b) may\nhave the aid and advice of agency staff other than staff which has been\nor is engaged in the investigative or prosecuting functions in\nconnection with the case under consideration or factually related case.\n This subdivision does not apply (a) in determining applications for\ninitial licenses for public utilities or carriers; or (b) to proceedings\ninvolving the validity or application of rates, facilities, or practices\nof public utilities or carriers.\n 3. (a) Each agency shall maintain an index by name and subject of all\nwritten final decisions, determinations and orders rendered by the\nagency in adjudicatory proceedings. For purposes of this subdivision,\nsuch index shall also include by name and subject all written final\ndecisions, determinations and orders rendered by the agency pursuant to\na statute providing any party an opportunity to be heard, other than a\nrule making. Such index and the text of any such written final\ndecision, determination or order shall be available for public\ninspection and copying. Each decision, determination and order shall be\nindexed within sixty days after having been rendered.\n (b) An agency may delete from any such index, decision, determination\nor order any information that, if disclosed, would constitute an\nunwarranted invasion of personal privacy under the provisions of\nsubdivision two of section eighty-nine of the public officers law and\nmay also delete at the request of any person all references to trade\nsecrets that, if disclosed, would cause substantial injury to the\ncompetitive position of such person. Information which would reveal\nconfidential material protected by federal or state statute, shall be\ndeleted from any such index, decision, determination or order.\n