S T A T E O F N E W Y O R K
________________________________________________________________________
1729
2023-2024 Regular Sessions
I N A S S E M B L Y
January 20, 2023
___________
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] 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.
LBD06071-01-3