reglab/statecodes huggingface dataset:
2023 New York Laws › PBO - Public Officers › Article 6 - Freedom of Information Law › 88 - Access to State Legislative Records.

§ 88. Access  to state legislative records. 1. The temporary president
of the senate and the speaker of the assembly shall promulgate rules and
regulations  for  their  respective  houses  in  conformity   with   the
provisions of this article, pertaining to the availability, location and
nature of records, including, but not limited to:
(a) the times and places such records are available;
(b) the persons from whom such records may be obtained;
(c)  the  fees  for  copies  of  such  records, which shall not exceed
twenty-five cents per photocopy not in excess of nine inches by fourteen
inches, or the actual cost of reproducing any other record, except  when
a different fee is otherwise prescribed by law.
2.  The  state  legislature  shall,  in  accordance with its published
rules, make available for public inspection and copying:
(a) bills and amendments  thereto,  fiscal  notes,  introducers'  bill
memoranda, resolutions and amendments thereto, and index records;
(b)  messages  received  from  the  governor or the other house of the
legislature, and home rule messages;
(c) legislative notification of the proposed adoption of rules  by  an
agency;
(d) transcripts or minutes, if prepared, and journal records of public
sessions  including  meetings of committees and subcommittees and public
hearings, with the records of attendance of members thereat and  records
of any votes taken;
(e) internal or external audits and statistical or factual tabulations
of,  or  with  respect  to,  material  otherwise  available  for  public
inspection and copying pursuant to this section or any other  applicable
provision of law;
(f) administrative staff manuals and instructions to staff that affect
members of the public;
(g) final reports and formal opinions submitted to the legislature;
(h)  final  reports  or  recommendations  and  minority  or dissenting
reports  and  opinions  of  members  of  committees,  subcommittees,  or
commissions of the legislature;
(i)  any  other files, records, papers or documents required by law to
be made available for public inspection and copying.
(j) external audits conducted pursuant to section  ninety-two  of  the
legislative  law  and  schedules  issued  pursuant to subdivision two of
section ninety of the legislative law.
3. Each house shall maintain and make available for public  inspection
and  copying:  (a) a record of votes of each member in every session and
every committee and subcommittee meeting in which the member votes;
(b) a record setting forth the name, public office address, title, and
salary of every officer or employee; and
(c) a current list, reasonably detailed,  by  subject  matter  of  any
records  required to be made available for public inspection and copying
pursuant to this section.
2023 New York Laws › PBO - Public Officers › Article 6 - Freedom of Information Law › 90 - Severability.

§ 90. Severability.   If   any   provision  of  this  article  or  the
  application thereof to any person or circumstances is  adjudged  invalid
  by  a court of competent jurisdiction, such judgment shall not affect or
  impair the validity of the  other  provisions  of  the  article  or  the
  application thereof to other persons and circumstances.
2023 New York Laws › PBO - Public Officers › Article 6-A - Personal Privacy Protection Law › 97 - Civil Remedies.

§ 97. Civil  remedies.  (1)  Any  data subject aggrieved by any action
taken under this article may seek judicial review and relief pursuant to
article seventy-eight of the civil practice law and rules.
(2) In any proceeding brought under subdivision one of  this  section,
the  party  defending the action shall bear the burden of proof, and the
court may, if the data subject substantially prevails against any agency
and if the agency lacked a reasonable basis pursuant to this article for
the challenged action, award to the data subject  reasonable  attorneys'
fees and disbursements reasonably incurred.
(3) Nothing in this article shall be construed to limit or abridge the
right  of  any  person  to  obtain judicial review or pecuniary or other
relief, in any other form or upon any other basis,  otherwise  available
to a person aggrieved by any agency action under this article.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 100 - Legislative Declaration.

§ 100. Legislative  declaration. It is essential to the maintenance of
  a democratic society that the public business be performed  in  an  open
  and  public manner and that the citizens of this state be fully aware of
  and able to observe the performance of public officials and  attend  and
  listen  to  the  deliberations  and decisions that go into the making of
  public policy. The people must be able to remain informed if they are to
  retain control over those who are their public servants. It is the  only
  climate   under  which  the  commonweal  will  prosper  and  enable  the
  governmental process to operate for the benefit of those who created it.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 102 - Definitions.

§ 102. Definitions.  As  used  in this article: 1. "Meeting" means the
  official convening of a public body for the purpose of conducting public
  business, including the use  of  videoconferencing  for  attendance  and
  participation by the members of the public body.
2.  "Public  body" means any entity, for which a quorum is required in
  order to conduct public business and  which  consists  of  two  or  more
  members,  performing  a  governmental  function  for the state or for an
  agency or department thereof, or for a public corporation as defined  in
  section  sixty-six  of  the  general  construction  law, or committee or
  subcommittee or other similar body consisting of members of such  public
  body,  or an entity created or appointed to perform a necessary function
  in the decision-making process for which a quorum is required  in  order
  to  conduct public business and which consists of two or more members. A
  necessary function in the decision-making process shall not include  the
  provision  of  recommendations  or guidance which is purely advisory and
  which does not  require  further  action  by  the  state  or  agency  or
  department thereof or public corporation as defined in section sixty-six
  of the general construction law.
3. "Executive session" means that portion of a meeting not open to the
  general public.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 104 - Public Notice.

§ 104. Public  notice.  1.  Public  notice  of the time and place of a
  meeting scheduled at least one week prior  thereto  shall  be  given  or
  electronically  transmitted to the news media and shall be conspicuously
  posted in one or more designated public locations at  least  seventy-two
  hours before such meeting.
2. Public notice of the time and place of every other meeting shall be
  given  or  electronically transmitted, to the extent practicable, to the
  news media and shall be conspicuously posted in one or  more  designated
  public locations at a reasonable time prior thereto.
3.  The  public  notice  provided  for  by  this  section shall not be
  construed to require publication as a legal notice.
4. If videoconferencing is used  to  conduct  a  meeting,  the  public
  notice  for  the  meeting shall inform the public that videoconferencing
  will be used, identify the locations for the meeting, and state that the
  public has the right to attend the meeting at any of the locations.
5. If a meeting will be streamed live over the  internet,  the  public
  notice  for  the meeting shall inform the public of the internet address
  of the website streaming such meeting.
6. When a public body has the ability to do so, notice of the time and
  place of a meeting given in accordance with subdivision one  or  two  of
  this  section,  shall  also be conspicuously posted on the public body's
  internet website.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 105 - Conduct of Executive Sessions.

§ 105. Conduct  of  executive sessions. 1. Upon a majority vote of its
  total membership,  taken  in  an  open  meeting  pursuant  to  a  motion
  identifying  the  general area or areas of the subject or subjects to be
  considered, a public body may conduct an executive session for the below
  enumerated purposes only, provided, however, that no  action  by  formal
  vote shall be taken to appropriate public moneys:
a. matters which will imperil the public safety if disclosed;
b.  any  matter  which  may disclose the identity of a law enforcement
  agent or informer;
c.  information  relating  to  current  or  future  investigation   or
  prosecution  of  a  criminal  offense  which would imperil effective law
  enforcement if disclosed;
d. discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of  the  civil
  service law;
f.   the  medical,  financial,  credit  or  employment  history  of  a
  particular person or corporation, or matters leading to the appointment,
  employment, promotion, demotion, discipline,  suspension,  dismissal  or
  removal of a particular person or corporation;
g. the preparation, grading or administration of examinations; and
h.  the  proposed  acquisition,  sale or lease of real property or the
  proposed acquisition of securities, or sale or  exchange  of  securities
  held  by  such  public body, but only when publicity would substantially
  affect the value thereof.
2. Attendance at an executive session shall be permitted to any member
  of the public body and any other persons authorized by the public body.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 106 - Minutes.

§ 106. Minutes.  1.  Minutes  shall be taken at all open meetings of a
  public body which shall consist of a record or summary of  all  motions,
  proposals,  resolutions and any other matter formally voted upon and the
  vote thereon.
2. Minutes shall be taken at executive sessions of any action that  is
  taken  by  formal vote which shall consist of a record or summary of the
  final determination of such action,  and  the  date  and  vote  thereon;
  provided,  however,  that such summary need not include any matter which
  is not required to be made public by the freedom of information  law  as
  added by article six of this chapter.
3.  Minutes of meetings of all public bodies shall be available to the
  public in accordance with the provisions of the freedom  of  information
  law  within  two weeks from the date of such meeting except that minutes
  taken pursuant to subdivision two of this section shall be available  to
  the  public  within  one week from the date of the executive session. If
  the agency in which a public body functions maintains  a  regularly  and
  routinely updated website and utilizes a high speed internet connection,
  such  minutes  shall  be posted on the website within two weeks from the
  date of such meeting except that minutes taken pursuant  to  subdivision
  two  of  this  section  shall be available to the public within one week
  from the date of the executive session. For purposes of this subdivision
  unabridged video recordings or unabridged audio recordings or unabridged
  written transcripts may be deemed to be meeting minutes. Nothing in this
  section shall require the creation of minutes if the public  body  would
  not otherwise take them.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 107 - Enforcement.

§ 107. Enforcement.  1.  Any  aggrieved  person shall have standing to
  enforce the provisions of this article against  a  public  body  by  the
  commencement  of  a  proceeding pursuant to article seventy-eight of the
  civil practice law and rules, or an action for declaratory judgment  and
  injunctive  relief.  In  any  such  action  or  proceeding,  if  a court
  determines that a public body failed to comply with  this  article,  the
  court shall have the power, in its discretion, upon good cause shown, to
  declare  that  the  public body violated this article and/or declare the
  action taken in relation to such violation void, in whole  or  in  part,
  without prejudice to reconsideration in compliance with this article. If
  the  court  determines that a public body has violated this article, the
  court may require the members of the public body  to  participate  in  a
  training  session  concerning  the  obligations  imposed by this article
  conducted by the staff of the committee on open government.
An unintentional failure to fully comply with  the  notice  provisions
  required by this article shall not alone be grounds for invalidating any
  action  taken  at  a  meeting  of  a public body. The provisions of this
  article shall not affect the validity of the authorization, acquisition,
  execution or disposition of a bond issue or notes.
2. In any proceeding brought  pursuant  to  this  section,  costs  and
  reasonable attorney fees may be awarded by the court, in its discretion,
  to  the successful party. If a court determines that a vote was taken in
  material violation of this article, or  that  substantial  deliberations
  relating thereto occurred in private prior to such vote, the court shall
  award costs and reasonable attorney's fees to the successful petitioner,
  unless  there was a reasonable basis for a public body to believe that a
  closed session could properly have been held.
3. The statute of limitations in an article  seventy-eight  proceeding
  with  respect  to an action taken at executive session shall commence to
  run from the date the minutes of such executive session have  been  made
  available to the public.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 108 - Exemptions.

§ 108. Exemptions.   Nothing   contained  in  this  article  shall  be
  construed as extending the provisions hereof to:
1. judicial or quasi-judicial proceedings, except proceedings  of  the
  public service commission and zoning boards of appeals;
2. a. deliberations of political committees, conferences and caucuses.
b.  for  purposes  of  this  section,  the  deliberations of political
  committees, conferences and caucuses means a private meeting of  members
  of  the  senate  or  assembly  of  the  state  of  New  York,  or of the
  legislative body of a county, city, town or village, who are members  or
  adherents of the same political party, without regard to (i) the subject
  matter  under discussion, including discussions of public business, (ii)
  the  majority  or  minority  status  of   such   political   committees,
  conferences  and  caucuses  or  (iii) whether such political committees,
  conferences and caucuses invite staff or guests to participate in  their
  deliberations; and
3. any matter made confidential by federal or state law.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 109 - Committee on Open Government.

§ 109. Committee on open government. The committee on open government,
  created  by  paragraph  (a) of subdivision one of section eighty-nine of
  this chapter, shall issue advisory opinions from time to time as, in its
  discretion, may be required to inform public bodies and persons  of  the
  interpretations of the provisions of the open meetings law.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 110 - Construction With Other Laws.

§ 110. Construction  with  other  laws. 1. Any provision of a charter,
  administrative  code,  local  law,  ordinance,  or  rule  or  regulation
  affecting a public body which is more restrictive with respect to public
  access than this article shall be deemed superseded hereby to the extent
  that such provision is more restrictive than this article.
2.  Any  provision  of  general,  special  or  local  law  or charter,
  administrative code, ordinance, or rule or regulation  less  restrictive
  with  respect  to  public  access  than this article shall not be deemed
  superseded hereby.
3. Notwithstanding any provision of this article to  the  contrary,  a
  public body may adopt provisions less restrictive with respect to public
  access than this article.
2023 New York Laws › PBO - Public Officers › Article 7 - Open Meetings Law › 111 - Severability.

§ 111. Severability.   If   any  provision  of  this  article  or  the
  application thereof to any person or circumstances is  adjudged  invalid
  by  a court of competent jurisdiction, such judgment shall not affect or
  impair the validity of the  other  provisions  of  the  article  or  the
  application thereof to other persons and circumstances.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 1 - Short Title.

§ 1. Short  title.  This chapter shall be known as the "Public Service
  Law." Reference in any law to the public service  commission  law  shall
  mean  the  public  service  law,  and amendments, in form, to the public
  service commission law enacted by the legislature  of  nineteen  hundred
  thirty shall be treated as amendments to the public service law.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 3 - Department of Public Service.

§ 3. Department  of  public  service.  There  shall  be  in  the state
  government a department of public service. The chairman  of  the  public
  service   commission  shall  be  the  chief  executive  officer  of  the
  department. He or she shall appoint and shall have the power to  remove,
  subject  to  the  provisions  of  the  civil  service law, all officers,
  clerks, inspectors, experts and employees  of  the  department,  and  to
  approve  all contracts for special service. The chairman shall designate
  one of the  commissioners  in  the  department  or  an  officer  of  the
  department to act as deputy chairman during the absence or disability of
  the  chairman  and  during such times such deputy chairman shall possess
  all the powers of  the  chairman  as  chief  executive  officer  of  the
  department.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 3-A - Transfer of Lands.

§ 3-a. Transfer  of lands. Notwithstanding any other provision of law,
  any land, property, right, easement or fee under the jurisdiction of the
  commission acquired in the name of the people of the state of  New  York
  for  the  purpose  of  the construction, maintenance or development of a
  grade crossing elimination project or  acquired  pursuant  to  any  laws
  applicable  to  grade  crossing  eliminations which is determined by the
  commissioner of transportation  to  be  of  use  or  benefit  for  state
  transportation   purposes   is   transferred   to  the  commissioner  of
  transportation. The commissioner of general services  is  authorized  to
  convey  to  the  city of New York any of said parcels or interests which
  the commissioner of transportation determines not to  be  necessary  for
  state  transportation  purposes.  Such  conveyances  may be made on such
  terms and  conditions  as  the  commissioner  of  general  services  may
  determine.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 4 - The Public Service Commission.

§ 4. The   public  service  commission.  1.  There  shall  be  in  the
  department of public service a public service  commission,  which  shall
  possess the powers and duties hereinafter specified, and also all powers
  necessary  or  proper  to  enable  it  to carry out the purposes of this
  chapter. The commission shall consist of five members, to  be  appointed
  by  the  governor,  by  and with the advice and consent of the senate. A
  commissioner shall be designated as chairman of the  commission  by  the
  governor  to  serve  in such capacity at the pleasure of the governor or
  until his term as commissioner expires whichever first occurs. At  least
  one  commissioner shall have experience in utility consumer advocacy. No
  more than three commissioners may be members of the same political party
  unless, pursuant to action taken under subdivision two of this  section,
  the number of commissioners shall exceed five, and in such event no more
  than four commissioners may be members of the same political party.
2.  Notwithstanding  subdivision  one,  whenever  the commission shall
  certify to the governor that additional commissioners are needed for the
  proper disposition of the business before it, the governor may  increase
  the  membership  of  the  commission  to seven members by appointing two
  additional commissioners by and with  the  advice  and  consent  of  the
  senate.  The  terms  of  office of such additional commissioners and the
  filling of vacancies during such terms shall be governed by  subdivision
  three,  except  that upon the expiration of the terms of such additional
  commissioners, no further appointments or reappointments shall  be  made
  to such additional offices, unless the commission shall first certify to
  the  governor  that  the  need for additional commissioners continues to
  exist.
3. The term of office of a commissioner shall be six  years  from  the
  first  day  of  February  of  the  calendar  year  in  which he shall be
  appointed and commissioners shall serve on a  full-time  basis.  Upon  a
  vacancy  occuring  otherwise than by expiration of term in the office of
  any commissioner, the governor, by and with the advice  and  consent  of
  the  senate,  shall  fill  the  vacancy by appointment for the unexpired
  term.
4. Any commissioner appointed on or after  July  first,  two  thousand
  twenty-two,  pursuant to this section shall have education and training,
  and three or more years of experience in one or more  of  the  following
  fields:  economics,  engineering,  law, accounting, business management,
  utility regulation, public policy, consumer  advocacy  or  environmental
  management.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 4-B - Removals.

§ 4-b. Removals.      The  governor  may  remove  any  public  service
  commissioner, now in office or hereafter  appointed,  for  inefficiency,
  neglect  of  duty  or  misconduct  in  office,  giving him a copy of the
  charges against him, and an  opportunity  of  being  publicly  heard  in
  person  or  by  counsel in his own defense, upon not less than ten days'
  notice. If such commissioner shall be removed the governor shall file in
  the office of the department of state a complete  statement  of  charges
  made  against such commissioner, and his findings thereon, together with
  a complete record of the proceeding.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 5-B - Corporations Subject to Chapter Although Not Transacting Business.

§ 5-b. Corporations   subject  to  chapter  although  not  transacting
  business.   Corporations formed  to  acquire  property  or  to  transact
  business  which  would be subject to the provisions of this chapter, and
  corporations possessing franchises for any of the purposes  contemplated
  by this chapter, shall be deemed to be subject to the provisions of this
  chapter although no property may have been acquired, business transacted
  or franchises exercised.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 5-E - Jurisdiction of Commission Over Certain Corporations, Their Operations and Facilities.

§ 5-e. Jurisdiction  of  commission  over  certain corporations, their
  operations and facilities.
1. The commission shall have no jurisdiction, supervision,  powers  or
  duties  with  respect to any corporation which is owned or controlled in
  whole or in part by a gas corporation, an electric corporation or a  gas
  and  electric  corporation subject to the jurisdiction of the commission
  the primary function of which is the leasing, as lessor or lessee and/or
  operating of a facility or facilities for the manufacture of electricity
  or steam, as is permitted by and provided in article 18-A of the general
  municipal law, provided that such facility or facilities are located  on
  a  parcel of land consisting of more than two hundred acres and formerly
  owned by the United States government and in any  county  of  the  state
  having  a  population  of  two million inhabitants or more and where the
  electric or steam service does not  cross  streets  which  are  publicly
  maintained and open to the use of the public at large.
2.  The  provisions  of  this section shall apply only to corporations
  which have entered into an initial lease executed prior to  July  first,
  nineteen hundred eighty.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 7 - Organization and Records; Minutes as Evidence; Destruction of Certain Records.

§ 7. Organization  and  records;  minutes  as evidence; destruction of
  certain records. 1. The commission shall have a secretary and  assistant
  secretaries to be appointed by the chairman. It shall be the duty of the
  secretary  to  keep  a  full  and  true  record of all proceedings and a
  transcript of the public sessions of the commission.  The record of  the
  proceedings  of  the  commission  shall  be  prima facie evidence of the
  proceedings of the commission. The transcript of public  sessions  shall
  be  made  available  in  the  Albany  and New York city offices that the
  commission maintains. The chairman shall have charge of the organization
  of its office, shall assign its employees to the  several  divisions  or
  bureaus  and  shall  superintend  the  performance  of their duties. The
  secretary and assistant secretary, each commissioner  and  each  hearing
  officer  or person designated to conduct an investigation may administer
  oaths in all parts of the state, so far as the exercise of such power is
  properly incidental to the performance  of  his  duty  or  that  of  the
  commission.
2.  Such records and general correspondence as are no longer necessary
  for the purposes of the commission may be destroyed upon  the  order  of
  the  commission;  but  no such record, report or correspondence shall be
  destroyed until it shall have been on file for at least five years.
3. Any opinion  issued  by  the  commission  in  a  formal  commission
  proceeding shall include a record of the vote taken indicating the names
  of   the  commissioners  who  voted  in  favor  and  the  names  of  the
  commissioners who voted against the opinion. Any  statement  of  dissent
  shall be attached to the majority's opinion.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 8 - Additional Officers and Employees.

§ 8. Additional officers and employees.  The chairman shall have power
  to  employ such officers, clerks, inspectors, experts and employees, and
  to make such contracts for  special  services  as  he  may  deem  to  be
  necessary  to  carry  out  this  chapter,  or  to perform the duties and
  exercise the powers conferred by law upon the commission. The  chairman,
  by  certificate  filed  in the office of the commission may from time to
  time, specially authorize any officer or employee of the  commission  to
  conduct any investigation or hearing, which the commission is authorized
  to  conduct, to take testimony in respect of the subject or matter under
  investigation, and report the testimony to the commission,  and  in  the
  conduct  of such investigation or hearing such officer or employee shall
  have all the powers of a commissioner.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 9 - Oath of Office; Eligibility of Commissioners and Officers.

§ 9. Oath  of office; eligibility of commissioners and officers.  Each
  commissioner and each person appointed to office by the chairman  shall,
  before  entering  upon  the duties of his office, take and subscribe the
  constitutional oath of office. The oaths of office other than those of a
  commissioner shall be filed in the office of the commission.  No  person
  shall   be  eligible  for  appointment  or  shall  hold  the  office  of
  commissioner or be appointed to, or hold, any office or  position  under
  the  commission,  who  holds  any  official  relation  to  any person or
  corporation subject to the supervision of the commission,  or  who  owns
  stocks or bonds of any such corporation.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 10 - Offices of Commission; Meeting; Stationery, Et Cetera.

§ 10. Offices  of  commission;  meeting;  stationery,  et  cetera. The
  principal office of the public service commission shall be in  the  city
  of  Albany, in rooms designated by the commissioner of general services.
  The public service commission shall also maintain a branch office in the
  city of New York. The commission shall hold  stated  meetings  at  least
  once  a  month  during  the  year  at  its  office. The offices shall be
  supplied with all necessary  books,  maps,  charts,  stationery,  office
  furniture,  telephone  and telegraph connections and all other necessary
  appliances, to be  paid  for  in  the  same  manner  as  other  expenses
  authorized by this chapter.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 11 - Quorum; Powers of a Commissioner.

§ 11. Quorum;  powers  of  a  commissioner.    A  majority of the duly
  appointed commissioners shall constitute a quorum and not  less  than  a
  majority  of  such  commissioners  concurring may transact any business,
  perform any duty or exercise any power of the commission. The commission
  may hold meetings of the commission at any  time  or  place  within  the
  state.  Any  investigation,  inquiry or hearing which the commission has
  power to undertake or to hold may be undertaken or held by or before any
  commissioner or before any specially authorized officer or  employee  of
  the  commission,  provided  that at least one commissioner shall hold at
  least  one  public  hearing  without  delegation  of  authority  to  any
  specially  authorized hearing officer or employee when such hearings are
  mandated  by  applications  for  rate  increases.  All   investigations,
  inquiries,  hearings  and  decisions  of  a  commissioner  or  specially
  authorized officer or  employee  shall  be  and  be  deemed  to  be  the
  investigations,  inquiries, hearings and decisions of the commission and
  every order made by a commissioner, when approved and confirmed  by  the
  commission and ordered filed in its office, shall be and be deemed to be
  the order of the commission.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 12 - Counsel to the Commission; Duties.

§ 12. Counsel  to  the  commission;  duties.  It  shall be the duty of
  counsel to the commission, subject to the direction of the chairman,  to
  represent  and  appear for the people of the state and the commission in
  all actions and proceedings involving any question under  this  chapter,
  or  within the jurisdiction of the commission, and, if directed to do so
  to intervene, if possible, in any action or proceeding in which any such
  question  is  involved;  to  commence  and  prosecute  all  actions  and
  proceedings  directed  or  authorized,  and  to  expedite  in  every way
  possible final determination of all such actions  and  proceedings;  and
  generally to perform all duties and services delegated to or required of
  him.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 13 - Expenses.

§ 13. Expenses.     All  officers,  clerks,  inspectors,  experts  and
  employees of the commission shall receive the compensation fixed by  the
  chairman  of  the commission within the amounts appropriated therefor by
  the legislature. The commissioners and counsel  to  the  commission  may
  receive,  in  lieu  of  expenses,  twenty-five  dollars  per  day, and a
  proportionate amount thereof for each fraction of a day,  while  engaged
  in  the performance of official duties at a place other than the city to
  which they are regularly assigned,  and  shall  be  reimbursed  for  the
  actual  and  necessary  cost  of  transportation  incurred by them; this
  provision, however, shall  not  be  applicable  to  the  chairman  or  a
  commissioner receiving a definite sum in lieu of traveling expenses. The
  officers,   clerks,   inspectors,  experts  and  employees,  shall  have
  reimbursed to them all actual and necessary traveling and other expenses
  and disbursements incurred or made by them in  the  discharge  of  their
  official duties.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 15 - Certain Acts Prohibited.

§ 15. Certain  acts  prohibited.  Every commissioner, and every person
  employed or appointed to office in the department  is  hereby  forbidden
  and  prohibited  to  solicit, suggest, request or recommend, directly or
  indirectly, to any corporation or person subject to the  supervision  of
  the  commission, or to any officer, attorney, agent or employee thereof,
  the appointment  of  any  person  to  any  office,  place,  position  or
  employment.    And every such corporation and person, and every officer,
  attorney, agent and employee thereof, is hereby forbidden and prohibited
  to offer to any commissioner or to any person employed by the department
  any office, place, appointment or position, or to offer or give  to  any
  commissioner,  or  to any officer employed or appointed to office in the
  department any free pass or transportation or any reduction in  fare  to
  which  the  public  generally  are  not  entitled  or  free carriage for
  property  or  any  present,  gift  or  gratuity  of  any  kind.  If  any
  commissioner  or  any  person  employed  or  appointed  to office in the
  department shall violate any provision  of  this  section  he  shall  be
  removed  from  office.  Every  commissioner and every person employed or
  appointed to office in the department shall be and be  deemed  to  be  a
  public officer. Any employee or agent of the department who divulges any
  confidential  information  which  may  come  to his knowledge during the
  course of any inspection  or  examination  of  the  property,  accounts,
  records  or memoranda of any person, corporation or municipality subject
  to the jurisdiction of the commission,  except  insofar  as  he  may  be
  directed  by  the  commission,  or by a court or judge, or authorized by
  law, shall be guilty of a misdemeanor.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 16 - Reports of Commission.

§ 16. Reports of commission.  1. All proceedings of the commission and
  all documents and records in its possession shall be public records.
2.  The commission shall conduct a hearing and take testimony relative
  to any pending legislation with respect to any  person,  corporation  or
  matter  within the jurisdiction of the commission, if requested to do so
  by the legislature  or  by  either  branch  thereof  or  by  a  standing
  committee  of  either  branch  thereof or by the governor or by any such
  person  or  corporation,  and  shall  report  its  conclusions  to   the
  legislature.  The  commission  may  also recommend the enactment of such
  legislation with respect to any matter within  its  jurisdiction  as  it
  deems wise or necessary in the public interest.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 17 - Certified Copies of Papers Filed to Be Evidence.

§ 17. Certified  copies of papers filed to be evidence.  Copies of all
  official documents and orders filed or deposited according to law in the
  office of  the  commission,  certified  by  a  commissioner  or  by  the
  secretary  or assistant secretary of the commission to be true copies of
  the originals, under  the  official  seal  of  the  division,  shall  be
  evidence in like manner as the originals.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 18-C - Refunds by the Commission.

§ 18-c. Refunds  by  the  commission.  Whenever  it  appears  that any
  person, firm, corporation or municipal  corporation,  has  paid  to  the
  commission  fees  or  other  charges  in  excess  of  the amount legally
  chargeable  against  such  person,  firm,   corporation   or   municipal
  corporation,  the  commission shall have power, within three years after
  the date of such payment, to refund to such person, firm, corporation or
  municipal corporation the amount of such excess. Such refund may be made
  upon audit by the comptroller, from any  moneys  in  the  hands  of  the
  commission,  not  as  yet  turned over to the department of taxation and
  finance.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 19 - Attendance of Witnesses and Their Fees.

§ 19. Attendance of witnesses and their fees.  1. The commission shall
  have  power  to  issue subpoenas and subpoena duces tecum. All subpoenas
  shall be signed and issued by a commissioner, by an officer or  employee
  of  the  commission  specially authorized to conduct an investigation or
  hearing or by the secretary or assistant secretary  of  the  commission.
  The  fees  of  witnesses  required to attend before the commission, or a
  commissioner, or an officer or employee specially authorized to  conduct
  an  investigation  or  hearing,  shall  be  the same as in the case of a
  subpoena issued out of a court of record, and paid when the  witness  is
  excused  from further attendance. Except as is herein provided subpoenas
  shall be regulated by the civil practice law  and  rules.    Whenever  a
  subpoena  is  issued  at  the  instance of a complainant, respondent, or
  other party to any proceeding before the commission, the cost of service
  thereof and the fee of the witness shall be borne by the party at  whose
  instance the witness is summoned.
2.  If  a  person  subpoenaed  to  attend  before  the commission or a
  commissioner, or an officer or employee specially authorized to  conduct
  an investigation or hearing, fails to obey the command of such subpoena,
  without  reasonable  cause,  or  if  a  person  in attendance before the
  commission  or  commissioner,  or  an  officer  or  employee   specially
  authorized  to  conduct  an  investigation  or  hearing,  shall, without
  reasonable cause, refuse to be sworn or to be examined or  to  answer  a
  question  or  to  produce a book or papers, when ordered so to do by the
  commission, or a commissioner,  or  an  officer  or  employee  specially
  authorized  to  conduct an investigation or hearing, or to subscribe and
  swear to his deposition after it has been correctly reduced to  writing,
  he  shall  be  guilty of a misdemeanor and may be prosecuted therefor in
  any court of competent criminal jurisdiction.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 20 - Practice Before the Commission; Immunity of Witnesses.

§ 20. Practice  before  the commission; immunity of witnesses.  1. All
  hearings before the commission or  a  commissioner,  or  an  officer  or
  employee  specially  authorized  to conduct an investigation or hearing,
  shall be  governed  by  rules  to  be  adopted  and  prescribed  by  the
  commission.    And  in  all  investigations,  inquiries  or hearings the
  commission or a  commissioner,  or  an  officer  or  employee  specially
  authorized to conduct an investigation or hearing, shall not be bound by
  the technical rules of evidence.
2.  In  any investigation or inquiry by or upon any hearing before the
  commission or any commissioner, or  an  officer  or  employee  specially
  authorized  to  conduct an investigation or hearing, the commission, any
  commissioner or the officer conducting the investigation or hearing  may
  confer  immunity  in  accordance with the provisions of section 50.20 of
  the criminal procedure law.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 21 - Court Proceedings; Preferences.

§ 21. Court  proceedings;  preferences.    All actions and proceedings
  under this  chapter,  and  all  actions  and  proceedings  commenced  or
  prosecuted  by  order of the commission, and all actions and proceedings
  to which the commission or the people of the state of New  York  may  be
  parties,  and  in which any question arises under this chapter, or under
  the railroad law, or under or concerning any  order  or  action  of  the
  commission,  shall  be  preferred  over  all  other  civil causes except
  election causes in all courts of the state of  New  York  and  shall  be
  heard  and  determined in preference to all other civil business pending
  therein excepting election  causes,  irrespective  of  position  on  the
  calendar.  The  same preference shall be granted upon application in any
  action  or  proceeding  in  which  the  commission  may  be  allowed  to
  intervene.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 22 - Rehearing Before Commission.

§ 22. Rehearing  before  commission.   After an order has been made by
  the commission any corporation or person interested therein  shall  have
  the  right  to apply for a rehearing in respect to any matter determined
  therein, but any such application must be made within thirty days  after
  the  service  of  such order, unless the commission for good cause shown
  shall otherwise direct; and the commission shall grant and hold  such  a
  rehearing  if  in  its  judgment  sufficient reason therefore be made to
  appear.  The  decision  of  the  commission  granting  or  refusing  the
  application  for  a rehearing shall be made within thirty days after the
  making of such application. If a rehearing shall be  granted,  the  same
  shall  be determined by the commission within thirty days after the same
  shall be finally submitted.  An application for such a  rehearing  shall
  not  excuse any corporation or person from complying with or obeying any
  order or any requirement of any order of the commission, or  operate  in
  any  manner  to  stay  or postpone the enforcement thereof except as the
  commission  may  by  order  direct.  If,  after  such  rehearing  and  a
  consideration  of the facts, including those arising since the making of
  the order, the commission shall be of opinion that the original order or
  any part thereof is in any respect unjust or unwarranted, or  should  be
  changed,  the  commission may abrogate or change the same. An order made
  after any such rehearing abrogating or changing the original order shall
  have the same force and effect as an original order but shall not affect
  any right or the enforcement of any right arising from or by  virtue  of
  the original order.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 24 - Action to Recover Penalties or Forfeitures.

§ 24. Action  to  recover  penalties  or  forfeitures.    An action to
  recover a penalty or a forfeiture under this chapter or to  enforce  the
  powers  of  the  commission  may  be  brought  in any court of competent
  jurisdiction in this state in the name of the people of the state of New
  York, and shall be commenced and prosecuted to  final  judgment  by  the
  commission. In any such action all penalties and forfeitures incurred up
  to  the  time  of  commencing  the  same  may  be sued for and recovered
  therein, and the commencement of an  action  to  recover  a  penalty  or
  forfeiture  shall  not  be,  or  be held to be, a waiver of the right to
  recover any other penalty or forfeiture; if the defendant in such action
  shall prove that during any portion of the time for which it  is  sought
  to  recover  penalties  or  forfeitures  for  a violation of an order or
  regulation of the commission the defendant  was  actually  and  in  good
  faith  prosecuting  a  suit,  action  or proceeding in the courts to set
  aside such order or regulation, the court shall remit the  penalties  or
  forfeitures  incurred  during  the  pendency  of  such  suit,  action or
  proceeding. All moneys recovered in any such action, together  with  the
  costs  thereof,  shall  be paid into the state treasury to the credit of
  the general fund. Any such action may be compromised or discontinued  on
  application of the commission upon such terms as the court shall approve
  and  order.  An action may be maintained by the commission for the whole
  or any part of the penalties or forfeitures prescribed in this  chapter,
  and  judgment  may be rendered for the amount demanded in the complaint,
  or for any less amount, as justice may require.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 24-A - Notice to Be Given to Department of State Prior to Rate Increase.

§ 24-a.   Notice  to  be  given  to  department of state prior to rate
  increase.
1. Notwithstanding any inconsistent general, special or local  law  or
  rule  or  regulation to the contrary, the commission shall to the extent
  the department shall so request in any cases or  class  of  cases,  give
  notice  to  the department of any filed statement proposing to modify or
  increase rates, services, schedule of rates or any other rating rule  or
  to  adopt  or amend any rate or service rules or regulations within five
  days after the commission shall have received such  statement  from  any
  utility  subject to its jurisdiction; provided, however, that in lieu of
  giving such notice, the commission may direct that the utility give such
  notice to the department.
2. In any such case in  which  the  department  shall  file  with  the
  commission  a  statement  of  intent to be a party, the department shall
  have and in its discretion may exercise all the rights and privileges of
  a party.
3. For the purposes of this section, the term "commission" shall  mean
  the public service commission.
2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 24-B - Notice to Be Given Long Island Power Authority Prior to Rate Increase.

§ 24-b. Notice  to  be given Long Island power authority prior to rate
  increase. 1. Notwithstanding any inconsistent general, special or  local
  law  or  rule or regulation to the contrary, the commission shall to the
  extent the Long Island power authority shall so request in any cases  or
  class  of  cases,  relating  to  a gas or electric corporation operating
  within the service territory  of  the  authority,  give  notice  to  the
  authority  of any filed statement proposing to modify or increase rates,
  services, schedule of rates or any other rating  rule  or  to  adopt  or
  amend  any  rate  or service rules or regulations within five days after
  the commission shall have  received  such  statement  from  any  gas  or
  electric  corporation  within  the  service territory of the Long Island
  Power authority subject to its jurisdiction; provided, however, that  in
  lieu  of  giving  such notice, the commission may direct that the gas or
  electric corporation give such notice to the authority.
2. In any such case  in  which  the  authority  shall  file  with  the
  commission a statement of intent to be a party, the authority shall have
  and  in  its  discretion may exercise all the rights and privileges of a
  party.
3. For the purposes of this section, the term "authority"  shall  mean
  the  Long  Island  power authority, the term "commission" shall mean the
  public service commission.