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A04259 Summary:

BILL NOA04259
 
SAME ASSAME AS S00547
 
SPONSORGoodell
 
COSPNSRFriend, Brabenec
 
MLTSPNSRBarclay, Miller B, Morinello, Stec, Walsh
 
Amd 22, Soc Serv L
 
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.
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A04259 Actions:

BILL NOA04259
 
02/02/2017referred to social services
01/03/2018referred to social services
03/06/2018held for consideration in social services
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A04259 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4259
 
SPONSOR: Goodell
  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: 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 offi- cers 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 ever 30 years, and suet use is commonplace in the private sector.   LEGISLATIVE HISTORY: 2016: S.3084/A.5111 2014: S.2611/A.5630 2012: S.6882/A.9492 Passed the Senate   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A04259 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4259
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2017
                                       ___________
 
        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee 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:
 
     1    Section 1. Subdivision 2 of section 22 of the social services law,  as
     2  added by chapter 473 of the laws of 1978, is amended to read as follows:
     3    2.  In  connection  with  any appeal pursuant to this section, with or
     4  without a fair  hearing,  [the]  each  commissioner  may  designate  and
     5  authorize  one  or more appropriate members of his or her staff or inde-
     6  pendent fair hearing officers to consider and decide such  appeals.  Any
     7  staff  member  or  independent  fair  hearing  officer so designated and
     8  authorized shall have authority to decide such appeals on behalf of  the
     9  commissioner  with  the same force and effect as if the commissioner had
    10  made the decisions.  Fair hearings held in connection with such  appeals
    11  shall  be  held on behalf of the commissioner by members of his staff or
    12  independent fair hearing officers who are employed for such purposes  or
    13  who have been designated and authorized by him therefor.  The fair hear-
    14  ing  may  be conducted by means of a conference telephone, video confer-
    15  ence equipment or similar communications equipment allowing all  persons
    16  participating  in  such hearing to hear each other at the same time. The
    17  provisions of this subdivision shall apply to  fair  hearings  conducted
    18  pursuant to subdivision eight of section four hundred twenty-two of this
    19  chapter, and to any hearing required pursuant to this chapter concerning
    20  the  denial,  suspension  or  revocation  of  any permit, certificate or
    21  license, and to any  hearing  held  pursuant  to  section  four  hundred
    22  fifty-five of this chapter.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05940-01-7
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