N.Y. State Administrative Procedure Act § 308: Streamlined optional adjudicatory proceedings for small businesses

§ 308. Streamlined optional adjudicatory proceedings for small

businesses. Unless otherwise prohibited by law, an agency may adopt

regulations providing for use at the option of a small business of

streamlined adjudicatory proceedings conducted by mail, electronic mail,

telephone conference or videoconference. In adopting such regulations,

the agency shall:

1. consider the types of programs and issues for which such

streamlined proceedings may reasonably be conducted, taking into account

(a) the complexity of the matters to be resolved in the proceeding, (b)

the severity of potential sanctions, (c) any necessity for personal

appearances, including but not limited to requirements for sworn

testimony or cross-examination, and (d) any potential reduction in the

costs and burdens of participating in the proceeding for the agency and

for other parties, and shall appropriately limit the availability of

streamlined proceedings to programs and issues in which the public

interest in fair outcomes can continue to be assured;

2. ensure that a streamlined proceeding may only be used at the option

of the respondent small business with the consent of the agency and any

other necessary party to the proceeding, and that the rights of

respondents and other parties will not be diminished in any respect by

virtue of participation in a streamlined proceeding;

3. specify the format or formats for remote conduct of streamlined

proceedings;

4. establish procedures for requesting and scheduling such

proceedings, for the conduct of such proceedings, and for the

development of a complete record as provided in section three hundred

two of this article; and

5. provide that, in the event that it becomes impractical or

inappropriate to continue a proceeding commenced pursuant to this

section as a streamlined proceeding, such proceeding may be rescheduled

as an adjudicatory proceeding pursuant to section three hundred one of

this article without prejudice to any party.