S4828-2011 - NY Senate Open Legislation - Relates to the submission of evidence at fair hearings

Relates to the submission of evidence at fair hearings.

Sponsor: GALLIVAN / Committee: SOCIAL SERVICES
Law Section: Social Services Law / Law: Amd S22, Soc Serv L

S4828-2011 Actions

Feb 6, 2012: referred to social services
Feb 6, 2012: DELIVERED TO ASSEMBLY
Feb 6, 2012: PASSED SENATE
Jan 31, 2012: ADVANCED TO THIRD READING
Jan 30, 2012: 2ND REPORT CAL.
Jan 24, 2012: 1ST REPORT CAL.123
Jan 4, 2012: REFERRED TO SOCIAL SERVICES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 14, 2011: ordered to third reading rules cal.197
Jun 14, 2011: substituted for a8087
May 18, 2011: referred to social services
May 18, 2011: DELIVERED TO ASSEMBLY
May 18, 2011: PASSED SENATE
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.555
Apr 27, 2011: REFERRED TO SOCIAL SERVICES

S4828-2011 Meetings

Social Services: May 10, 2011, Social Services: Jan 24, 2012

S4828-2011 Calendars

Active List: Feb 6, 2012 , Active List: May 18, 2011 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011

S4828-2011 Votes

VOTE: COMMITTEE VOTE: - Social Services - May 10, 2011

Ayes (5): Gallivan, Ball, Farley, Martins, Huntley
Ayes W/R (1): Squadron

VOTE: FLOOR VOTE: - May 18, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): DeFrancisco, Huntley

VOTE: COMMITTEE VOTE: - Social Services - Jan 24, 2012

Ayes (5): Gallivan, Ball, Farley, Martins, Huntley
Ayes W/R (1): Squadron

VOTE: FLOOR VOTE: - Feb 6, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Squadron

S4828-2011 Memo

BILL NUMBER:S4828

TITLE OF BILL:
An act
to amend the social services law, in relation to submission of evidence
at fair hearings

SUMMARY OF PROVISIONS:
Section. 1. Amends Social Services Law �22 to permit social services
districts to present evidentiary packages in electronic, rather than
paper, format at fair hearings conducted pursuant to such section.
Neither social services district nor applicants or recipients
entitled to appeal would be required to present evidence in
electronic format, but they would be permitted to do so.
The bill further provides that persons entitled to an appeal to the
department could request evidentiary packages in paper format either
before or at the hearing, subject to regulations of the Office of
Temporary and Disability Assistance ("OTDA").

Section 2. Effective date.

JUSTIFICATION:
The current Fair hearing process requires the New York City Human
Resources Administration (HRA) to provide three hard copies of
single-sided client documents at every fair hearing, with copies
assigned to the hearing officer, appellant and agency representative.
On average, this requires the printing of 1.7 million pages per
month. In addition, these paper packets are manually assembled by
staff at HRA Job Centers and then transported to State hearing rooms.
This proposal will generate savings by eliminating the wasteful
process of preparing, printing and transporting paper evidentiary
packets.

The Electronic Evidence Packet System (EEPS) will allow for a secure
paperless workflow in which evidentiary documentation, provided by
HRA, is electronically transmitted for viewing on three separate
monitors in State Hearing rooms for the hearing officer, appellant
and agency representative. In essence, a virtual evidentiary packet
will be created to replace the current paper packet. However, should
an appellant request a paper copy prior to the scheduled date of the
fair hearing or at the hearing, one will be provided to the appellant.

This secure paperless process enables staff time to be focused on
agency conferences and efforts
at resolution prior to the fair hearing, instead of on the preparation
and duplication of paper evidentiary packets. In addition, this will
obviate the need for costly transportation of paper evidentiary
packets from HRA Job Centers to State hearing rooms, and from State
hearing rooms to Albany, where paper packets must be scanned and
indexed by the NYS Office of Temporary Disability Assistance. With
this process improvement automation, more of HRA's critical resources
can be freed without risking the appellants' due process or judicial
integrity.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
No cost to the state. Possible savings from saved staff time.

LOCAL FISCAL IMPLICATIONS:
Possible savings from saved staff time.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S4828-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4828
 2011-2012 Regular Sessions
 I N  SENATE
 April 27, 2011
 
 Introduced  by Sen. GALLIVAN -- 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  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

S4828-2011: Relates to the submission of evidence at fair hearings