S2611-2013 Actions

• Jan 23, 2013: REFERRED TO SOCIAL SERVICES

S2611-2013 Memo

BILL NUMBER:S2611

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
technology, 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:
This bill would 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.

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 addition, 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:
2012: S.6882/A.9492 Passed the Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S2611-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2611
 2013-2014 Regular Sessions
 I N  SENATE
 January 23, 2013
 
 Introduced  by  Sen.  YOUNG  -- 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 commissioner may designate and authorize one
 or more appropriate members of his staff  OR  INDEPENDENT  FAIR  HEARING
 OFFICERS  to consider and decide such appeals. Any staff member OR INDE
 PENDENT 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 staff OR  INDEPENDENT  FAIR
 HEARING  OFFICERS  who  are  employed for such purposes or who have been
 designated and authorized by him therefor.   THE  FAIR  HEARING  MAY  BE
 CONDUCTED BY MEANS OF A CONFERENCE TELEPHONE, 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.
 

S 2. This act shall take effect immediately  provided,  however,  that
 the  commissioner  may promulgate any rules or regulations necessary for
 the implementation of this act before this act shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07130-01-3

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