Permits 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1729
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 addi-
tion, 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 Bdsiness Corporation Law for
over 30 years, and suet use is commonplace in the private sector.
LEGISLATIVE HISTORY:
A.56302013/2014- Held for consideration in Social Services
A.51112015/2016- Held for consideration in Social Services
A.42592017/2018- Held for consideration in Social Services
A.54632019/2020- Held for consideration in Social Services
A.48722021/2022- Held for consideration in Social Services
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1729
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
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 or her
12 staff or independent fair hearing officers who are employed for such
13 purposes or who have been designated and authorized by him or her there-
14 for. The fair hearing may be conducted by means of a conference tele-
15 phone, video conference equipment or similar communications equipment
16 allowing all persons participating in such hearing to hear each other at
17 the same time. The provisions of this subdivision shall apply to fair
18 hearings conducted pursuant to subdivision eight of section four hundred
19 twenty-two of this chapter, and to any hearing required pursuant to this
20 chapter concerning the denial, suspension or revocation of any permit,
21 certificate or license, and to any hearing held pursuant to section four
22 hundred 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.
LBD06071-01-3
