The New York State Senate

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

                                  5463

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2019
                               ___________

Introduced  by  M. of A. GOODELL, FRIEND, BRABENEC -- Multi-Sponsored by
  -- M. of A.  BARCLAY, B. MILLER, MORINELLO, STEC, WALSH --  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 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]  EACH  commissioner  may designate and
authorize one or more appropriate members of his OR HER staff  OR  INDE-
PENDENT  FAIR  HEARING OFFICERS to consider and decide such appeals. Any
staff member OR INDEPENDENT  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  OR  HER
staff  OR  INDEPENDENT  FAIR  HEARING OFFICERS who are employed for such
purposes or who have been designated and authorized by him OR HER there-
for.  THE FAIR HEARING MAY BE CONDUCTED BY MEANS OF A  CONFERENCE  TELE-
PHONE,  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.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03645-01-9