What's happening
This bill allows social services districts to submit evidence for fair hearings electronically, while ensuring paper copies are available upon request.
Why it matters
Modernizes and streamlines fair hearing procedures. by allowing social services districts to submit evidence electronically, which could reduce delays, paperwork, and administrative burden for both the districts and the state.
Protects access and fairness for individuals. by ensuring that anyone involved in a hearing can still receive paper copies of evidence upon request—helping those without reliable access to technology or who are more comfortable reviewing physical documents.
Maintains flexibility for all parties. by not mandating electronic submission, and by allowing continued use of paper documentation if desired, supporting a smoother transition and accommodating varying technological capabilities across districts.
Increases transparency and awareness for appellants. by requiring that people notified of a hearing are explicitly informed of their right to request paper copies of evidence, helping to ensure that no party is disadvantaged by the shift toward electronic processes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Electronic Evidence Allowed at Hearings
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to social services
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.317
- Referred to social services
- Returned to senate
- Died in assembly
- Referred to social services
- Delivered to assembly
- Passed senateVote 59–0
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.305
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Electronic Fair Hearing Evidence
In Assembly Committee · Social Services · Sponsor Michele Titus
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2130
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. GALLIVAN -- 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 submission of evidence at fair hearings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 22 of the social services law is amended by adding a new subdivision 15 to read as follows:
15. The department shall permit social services districts to submit their evidentiary packages for any fair hearing to the department solely in an electronic format and shall provide the means to facilitate the social services districts' use of any such evidentiary packages for their evidentiary presentations at the fair hearing. Nothing contained in this section shall require a social services district to submit its evidentiary package in an electronic format, nor shall a social services district, or any other party to a fair hearing, be precluded from offering into evidence documentation in paper format, regardless of the medium used to create, transmit, and display the evidentiary package at the fair hearing. In cases where a person entitled to an appeal pursuant to this section requests a paper copy of the evidentiary package either before the hearing or at the hearing, the social services district shall provide such paper copy even if such district will utilize an electronic format at the fair hearing. Requests made prior to the fair hearing shall be processed in accordance with the regulations of the department. When notifying a person entitled to an appeal to the department of the scheduling of a fair hearing, the department shall state that any such person may request orally or in writing a paper copy of the evidentiary package to be presented by the social services district at the fair hearing.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00086-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to submission of evidence at fair hearings
Purpose
To permit social services districts to present evidentiary packages in electronic format at fair hearings, and to provide that persons entitled to an appeal to the department could request evidentiary packages in paper format either before or at the hearing.
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
2015-16: S.85/A.1173 Passed Senate/Referred to Social Services 2013-14: S.98/A.1745 Passed Senate/Referred to Social Services 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.