A8087-2011 Actions

• Jan 4, 2012: referred to social services
• Jun 14, 2011: substituted by s4828
• Jun 14, 2011: rules report cal.197
• Jun 14, 2011: reported
• Jun 13, 2011: reported referred to rules
• Jun 6, 2011: reported referred to codes
• Jun 1, 2011: referred to social services

A8087-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8087
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 1, 2011
 
 Introduced  by M. of A. TITUS -- read once and referred to the Committee
 on Social Services
 

AN ACT to amend the social services law, in relation  to  submission  of
 evidence at fair hearings
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 22 of the social services law is amended by  adding
 a new subdivision 15 to read as follows:

 15.  THE  DEPARTMENT  SHALL PERMIT SOCIAL SERVICES DISTRICTS TO SUBMIT
 THEIR EVIDENTIARY PACKAGES FOR ANY FAIR HEARING TO THE DEPARTMENT SOLELY
 IN AN ELECTRONIC FORMAT AND SHALL PROVIDE THE MEANS  TO  FACILITATE  THE
 SOCIAL  SERVICES  DISTRICTS'  USE  OF  ANY SUCH EVIDENTIARY PACKAGES FOR
 THEIR EVIDENTIARY PRESENTATIONS AT THE FAIR HEARING.  NOTHING  CONTAINED
 IN  THIS  SECTION SHALL REQUIRE A SOCIAL SERVICES DISTRICT TO SUBMIT ITS
 EVIDENTIARY PACKAGE IN AN ELECTRONIC FORMAT, NOR SHALL A SOCIAL SERVICES
 DISTRICT, OR ANY OTHER PARTY TO A FAIR HEARING, BE PRECLUDED FROM OFFER
 ING INTO EVIDENCE DOCUMENTATION IN PAPER FORMAT, REGARDLESS OF THE MEDI
 UM USED TO CREATE, TRANSMIT, AND DISPLAY THE EVIDENTIARY PACKAGE AT  THE
 FAIR  HEARING. IN CASES WHERE A PERSON ENTITLED TO AN APPEAL PURSUANT TO
 THIS SECTION REQUESTS A PAPER COPY OF  THE  EVIDENTIARY  PACKAGE  EITHER
 BEFORE THE HEARING OR AT THE HEARING, THE SOCIAL SERVICES DISTRICT SHALL
 PROVIDE SUCH PAPER COPY EVEN IF SUCH DISTRICT WILL UTILIZE AN ELECTRONIC
 FORMAT  AT  THE  FAIR  HEARING.  REQUESTS MADE PRIOR TO THE FAIR HEARING
 SHALL BE PROCESSED IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
 WHEN NOTIFYING A PERSON ENTITLED TO AN APPEAL TO THE DEPARTMENT  OF  THE
 SCHEDULING  OF  A FAIR HEARING, THE DEPARTMENT SHALL STATE THAT ANY SUCH
 PERSON MAY REQUEST ORALLY OR IN WRITING A PAPER COPY OF THE  EVIDENTIARY
 PACKAGE  TO  BE  PRESENTED  BY  THE SOCIAL SERVICES DISTRICT AT THE FAIR
 HEARING.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10772-01-1

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