Relates to the submission of evidence at fair hearings

1 Co-sponsor

• Michael H. Ranzenhofer

BILL NUMBER:S98

Title of bill

An act to amend the social services law, in relation to submission of evidence at fair hearings

Summary of provisions

Section. 1. Amends Social Services Law §22 to permit social services districts to present evidentiary packages in electronic, rather than paper, format at fair hearings conducted pursuant to such section. Neither social services district nor applicants or recipients entitled to appeal would be required to present evidence in electronic format, but they would be permitted to do so. The bill further provides that persons entitled to an appeal to the department could request evidentiary packages in paper format either before or at the hearing, subject to regulations of the Office of Temporary and Disability Assistance ("OTDA").

Section 2. Effective date.

Justification

The current Fair hearing process requires the New York City Human Resources Administration (HRA) to provide three hard copies of single-sided client documents at every fair hearing, with copies assigned to the hearing officer, appellant and agency representative. On average, this requires the printing of 1.7 million pages per month. In addition, these paper packets are manually assembled by staff at HRA Job Centers and then transported to State hearing rooms. This proposal will generate savings by eliminating the wasteful process of preparing, printing and transporting paper evidentiary packets.

The Electronic Evidence Packet System (EEPS) will allow for a secure paperless workflow in which evidentiary documentation, provided by HRA, is electronically transmitted for viewing on three separate monitors in State Hearing rooms for the hearing officer, appellant and agency representative. In essence, a virtual evidentiary packet will be created to replace the current paper packet. However, should an appellant request a paper copy prior to the scheduled date of the fair hearing or at the hearing, one will be provided to the appellant.

This secure paperless process enables staff time to be focused on agency conferences and efforts at resolution prior to the fair hearing, instead of on the preparation and duplication of paper evidentiary packets. In addition, this will obviate the need for costly transportation of paper evidentiary packets from HRA Job Centers to State hearing rooms, and from State hearing rooms to Albany, where paper packets must be scanned and indexed by the NYS Office of Temporary Disability Assistance. With this process improvement automation, more of HRA's critical resources can be freed without risking the appellants' due process or judicial integrity.

Legislative history

2011-12: S.4828/A.8087 Passed Senate/Referred to Social Services

Fiscal implications

No cost to the state. Possible savings from saved staff time.

Local fiscal implications

Possible savings from saved staff time.

Effective date

This act shall take effect on the sixtieth day after it shall have become law.