A5630-2013 - Open Senate - New York State Senate

Relates to permitting appeals to the department to be conducted by means of a conference telephone, video conference or similar communications systems with and by independent hearing officers.

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Sponsor: Goodell
Law Section: Social Services Law / Law: Amd S22, Soc Serv L

A5630-2013 Actions

• Mar 4, 2013: referred to social services

A5630-2013 Text

 S T A T E   O F   N E W   Y O R K  
                                         5630  2013-2014 Regular Sessions  I N  ASSEMBLY  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

Source: http://open.nysenate.gov/legislation/api/1.0/html/bill/A5630-2013

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