The New York State Senate

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

                                  9492

                          I N  A S S E M B L Y

                              March 7, 2012
                               ___________

Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
  ENBUSH, HANNA, P. LOPEZ, LOSQUADRO, TENNEY -- read once  and  referred
  to the Committee on Social Services

AN  ACT  to  amend  the  social  services law, in relation 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

  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.

                                                           LBD14711-01-2