What's happening
This bill allows social services districts to submit fair hearing evidence electronically, but requires paper copies upon request.
Why it matters
Increases efficiency for social services districts. by allowing them to submit evidence electronically for fair hearings, which may reduce paperwork, mailing costs, and preparation time.
Protects due process for individuals. by guaranteeing anyone appealing a decision can still request and receive a paper copy of the evidence package, ensuring equal access for those without reliable technology or internet.
Maintains flexibility and inclusivity. since districts and other parties can still submit or present evidence in paper form if they choose, preventing electronic-only requirements from being a barrier.
Mandates clear notification. to appellants about their right to request paper copies of evidence, aiming to prevent misunderstandings or lack of access due to digital-only communications.
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
Social services districts
They could submit fair-hearing evidence packages solely electronically, but would still have to provide paper copies when appellants request them.
State social services officials
The department would have to enable districts to present electronic evidence packages and notify appellants that they may request paper copies orally or in writing.
People appealing social services decisions
They could request paper copies of the district’s evidence package before or at the hearing and would retain the ability to offer paper evidence.
Headline styles
Allow Electronic Evidence Submission
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- 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 Hearing Evidence
In Senate Committee · Social Services · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5004
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
Introduced by M. of A. TITUS -- read once and referred 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.
LBD02720-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.