Bill Text: NY A09492 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2012-03-07 - referred to social services [A09492 Detail]

Download: New_York-2011-A09492-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9492
                                 I N  A S S E M B L Y
                                     March 7, 2012
                                      ___________
       Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
         ENBUSH, HANNA, P. LOPEZ, LOSQUADRO, TENNEY -- 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 to be conducted by  means  of  a  conference
         telephone, video conference or similar communications 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:
    1    Section 1. Subdivision 2 of section 22 of the social services law,  as
    2  added by chapter 473 of the laws of 1978, is amended to read as follows:
    3    2.  In  connection  with  any appeal pursuant to this section, with or
    4  without a fair hearing, the commissioner may designate and authorize one
    5  or more appropriate members of his staff  OR  INDEPENDENT  FAIR  HEARING
    6  OFFICERS  to consider and decide such appeals. Any staff member OR INDE-
    7  PENDENT FAIR HEARING OFFICER so designated  and  authorized  shall  have
    8  authority  to decide such appeals on behalf of the commissioner with the
    9  same force and effect as if the commissioner  had  made  the  decisions.
   10  Fair  hearings  held  in  connection  with such appeals shall be held on
   11  behalf of the commissioner by members of his staff OR  INDEPENDENT  FAIR
   12  HEARING  OFFICERS  who  are  employed for such purposes or who have been
   13  designated and authorized by him therefor.   THE  FAIR  HEARING  MAY  BE
   14  CONDUCTED BY MEANS OF A CONFERENCE TELEPHONE, VIDEO CONFERENCE EQUIPMENT
   15  OR  SIMILAR  COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING
   16  IN SUCH HEARING TO HEAR EACH OTHER AT THE SAME TIME. The  provisions  of
   17  this  subdivision  shall  apply  to  fair hearings conducted pursuant to
   18  subdivision eight of section four hundred twenty-two  of  this  chapter,
   19  and  to  any  hearing  required  pursuant to this chapter concerning the
   20  denial, suspension or revocation of any permit, certificate or  license,
   21  and  to  any hearing held pursuant to section four hundred fifty-five of
   22  this chapter.
   23    S 2. This act shall take effect immediately  provided,  however,  that
   24  the  commissioner  may promulgate any rules or regulations necessary for
   25  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.
                                                                  LBD14711-01-2