|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 06, 2012||referred to social services|
delivered to assembly
|Jan 31, 2012||advanced to third reading|
|Jan 30, 2012||2nd report cal.|
|Jan 24, 2012||1st report cal.123|
|Jan 04, 2012||referred to social services|
returned to senate
died in assembly
|Jun 14, 2011||ordered to third reading rules cal.197|
substituted for a8087
|May 18, 2011||referred to social services|
delivered to assembly
|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|
senate Bill S4828
Relates to the submission of evidence at fair hearings
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (18)
Feb 6, 2012 - floor VoteS4828601floor60Aye1Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Feb 6, 2012aye (60)
Jan 24, 2012 - Social Services committee VoteS482850committee5Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
May 18, 2011 - floor VoteS4828600floor60Aye0Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: May 18, 2011aye (60)
- show floor vote details
S4828 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §22, Soc Serv L
S4828 - Bill Texts
Relates to the submission of evidence at fair hearings.
view sponsor memo
TITLE OF BILL:
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.
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
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
No cost to the state. Possible savings from saved staff time.
LOCAL FISCAL IMPLICATIONS:
Possible savings from saved staff time.
This act shall take effect on the sixtieth day after it shall have
become a law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 4828 2011-2012 Regular Sessions I N S E N A T E 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
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