NY State Senate Bill 2019-S904

Senate Bill S904

2019-2020 Legislative Session

Relates to conducting appeals, within the department of family assistance, by means of electronic communications systems conference with independent hearing officers

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Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to social services

Bill Amendments

Original

co-Sponsors

2019-S904 (ACTIVE) - Details

See Assembly Version of this Bill:: A5463
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §22, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6882, A9492
2013-2014: S2611, A5630
2015-2016: S3084, A5111
2017-2018: S547, A4259
2021-2022: A4872
2023-2024: A1729

2019-S904 (ACTIVE) - Summary

Relates to permitting appeals to the department to be conducted by means of a conference telephone, video conference or similar communications systems with and by independent hearing officers.

2019-S904 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S904

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the social services law, in relation to permitting
appeals to the department of family assistance to be conducted by means
of a conference telephone, video conference or similar communications
systems with and by independent hearing officers

 
PURPOSE:

The purpose of this bill is to enable the commissioner of the Office of
Temporary and Disability Assistance (OTDA) to embrace existing technolo-
gy, reduce administrative costs, increase efficiencies, and provide a
faster and more efficient fair hearing process for the benefit of all
parties by conducting appeal hearings using teleconferencing or video
conferencing equipment or independent fair hearing officers.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 22 of the Social Services Law
to enable the commissioner of the Office of Temporary and Disability
Assistance (OTDA) to conduct appeals using teleconferencing or video
conferencing equipment, or use independent fair hearing officers for due
process hearings.

Section 2: Establishes an immediate effective date

 
JUSTIFICATION:

Currently, OTDA conducts all fair hearing appeals using members of the
commissioner's staff. As a result, fair hearings are sometimes delayed
for several weeks pending the scheduling of these hearings.  In addi-
tion, OTDA incurs extensive travel and related expenses.  Other State
agencies routinely conduct hearings using teleconferencing or video
conference equipment, saving the State time and money.

Often, these hearings are more convenient to the parties since they
enable the parties to participate using their own telephone, computer,
or similar equipment.

Corporations and other business entities have been authorized to use
teleconference equipment pursuant to the Business Corporation Law for
over 30 years, and such use is commonplace in the private sector.

 
LEGISLATIVE HISTORY:

2017,2018: S.547/A.4259 Committed to Rules/held for consideration in
Social Services
2016: S.3084/A.5111 Passed the Senate/held for consideration in Social
Services
2014: S.2611/A.5630 Referred to Social Services/held for consideration
in Social Services
2013: S.2611/A.5630 Passed the Senate/referred to Social Services
2012: S.6882/A.9492 Passed the Senate/ referred to Social Services

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S904 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    904
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. YOUNG, AKSHAR -- read twice and ordered printed, and
   when printed to be committed to the Committee on Social Services
 
 AN  ACT  to  amend  the  social  services law, in relation to permitting
   appeals to the department of family  assistance  to  be  conducted  by
   means  of a conference telephone, video conference or similar communi-
   cations systems with and by independent hearing officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 22 of the social services law, as
 added by chapter 473 of the laws of 1978, is amended to read as follows:
   2. In connection with any appeal pursuant to  this  section,  with  or
 without  a  fair  hearing,  [the]  EACH  commissioner  may designate and
 authorize one or more appropriate members of his OR HER staff  OR  INDE-
 PENDENT  FAIR  HEARING OFFICERS to consider and decide such appeals. Any
 staff member OR INDEPENDENT  FAIR  HEARING  OFFICER  so  designated  and
 authorized  shall have authority to decide such appeals on behalf of the
 commissioner with the same force and effect as if the  commissioner  had
 made  the decisions.  Fair hearings held in connection with such appeals
 shall be held on behalf of the commissioner by members  of  his  OR  HER
 staff  OR  INDEPENDENT  FAIR  HEARING OFFICERS who are employed for such
 purposes or who have been designated and authorized by him OR HER there-
 for.  THE FAIR HEARING MAY BE CONDUCTED BY MEANS OF A  CONFERENCE  TELE-
 PHONE,  VIDEO  CONFERENCE  EQUIPMENT OR SIMILAR COMMUNICATIONS EQUIPMENT
 ALLOWING ALL PERSONS PARTICIPATING IN SUCH HEARING TO HEAR EACH OTHER AT
 THE SAME TIME. The provisions of this subdivision shall  apply  to  fair
 hearings conducted pursuant to subdivision eight of section four hundred
 twenty-two of this chapter, and to any hearing required pursuant to this
 chapter  concerning  the denial, suspension or revocation of any permit,
 certificate or license, and to any hearing held pursuant to section four
 hundred fifty-five of this chapter.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03645-01-9

2019-S904A - Details

See Assembly Version of this Bill:: A5463
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §22, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6882, A9492
2013-2014: S2611, A5630
2015-2016: S3084, A5111
2017-2018: S547, A4259
2021-2022: A4872
2023-2024: A1729

2019-S904A - Bill Text download pdf

The Bill text is not available.

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Senate Bill S904

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Sponsored By

Catharine Young