N.Y. State Administrative Procedure Act § 307: Decisions, determinations and orders

§ 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.