Relates to the submission of evidence at fair hearings.

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S98-2013 Actions

• Mar 5, 2013: referred to social services
• Mar 5, 2013: DELIVERED TO ASSEMBLY
• Mar 5, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.83
• Jan 9, 2013: REFERRED TO SOCIAL SERVICES

S98-2013 Meetings

Social Services: Feb 12, 2013

S98-2013 Calendars

Active List: Mar 5, 2013 , Floor Calendar: Feb 27, 2013 , Floor Calendar: Feb 28, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013

S98-2013 Votes

S98-2013 Memo

BILL NUMBER:S98

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:
2011-12: S.4828/A.8087 Passed Senate/Referred to Social Services


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 law.

S98-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     98

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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.
                                                             LBD01757-01-3