senate Bill S98

2013-2014 Legislative Session

Relates to the submission of evidence at fair hearings

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to social services
delivered to assembly
passed senate
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1022
Jan 08, 2014 referred to social services
returned to senate
died in assembly
Mar 05, 2013 referred to social services
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.83
Jan 09, 2013 referred to social services

Votes

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May 29, 2014 - Social Services committee Vote

S98
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: May 29, 2014

Feb 12, 2013 - Social Services committee Vote

S98
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Feb 12, 2013

Co-Sponsors

S98 - Bill Details

See Assembly Version of this Bill:
A1745
Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §22, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4828, A8087

S98 - Bill Texts

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Relates to the submission of evidence at fair hearings.

view sponsor memo
BILL NUMBER:S98

TITLE OF BILL:
An act
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.

JUSTIFICATION:
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
packets.

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 integrity.

LEGISLATIVE HISTORY:
2011-12: S.4828/A.8087 Passed Senate/Referred to Social Services


FISCAL IMPLICATIONS:
No cost to the state. Possible savings from saved staff time.

LOCAL FISCAL IMPLICATIONS:
Possible savings from saved staff time.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

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

                                   98

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD01757-01-3

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