S T A T E O F N E W Y O R K
________________________________________________________________________
5630
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
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:
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.
LBD07130-01-3