Bill Text: NY S06882 | 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.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2012-06-04 - referred to social services [S06882 Detail]

Download: New_York-2011-S06882-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6882
                                   I N  S E N A T E
                                     April 4, 2012
                                      ___________
       Introduced  by  Sen.  YOUNG  -- 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  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