What's happening
This bill allows social services appeals and fair hearings in New York to be conducted remotely by phone, video, or similar technology.
Why it matters
Expands access to justice. By allowing remote participation, the bill helps individuals who may face barriers such as disability, lack of transportation, work schedules, or childcare needs, making it easier to exercise their right to appeal social services decisions.
Modernizes administrative processes. The use of phone, video, or similar technology brings hearings in line with current communication standards, potentially reducing scheduling delays and making the system more efficient for both applicants and administrators.
Promotes procedural fairness and independence. By explicitly including independent hearing officers and ensuring all parties can hear each other simultaneously, the bill aims to maintain the integrity and impartiality of fair hearings—even when conducted remotely.
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Who cares
Headline styles
Allow Virtual Appeal Hearings
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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 Remote Family Hearings
In Assembly Committee · Social Services · Sponsor Andrew Goodell
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
904
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, AKSHAR -- 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 of family assistance 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 Assembly, do enact as follows:
Section 1. Subdivision 2 of section 22 of the social services law, as added by chapter 473 of the laws of 1978, is amended to read as follows:
2. In connection with any appeal pursuant to this section, with or without a fair hearing, [the] each commissioner may designate and authorize one or more appropriate members of his or her staff or independent fair hearing officers to consider and decide such appeals. Any staff member or independent fair hearing officer so designated and authorized shall have authority to decide such appeals on behalf of the commissioner with the same force and effect as if the commissioner had made the decisions. Fair hearings held in connection with such appeals shall be held on behalf of the commissioner by members of his or her staff or independent fair hearing officers who are employed for such purposes or who have been designated and authorized by him or her therefor. The fair hearing may be conducted by means of a conference telephone, video conference equipment or similar communications equipment allowing all persons participating in such hearing to hear each other at the same time. The provisions of this subdivision shall apply to fair hearings conducted pursuant to subdivision eight of section four hundred twenty-two of this chapter, and to any hearing required pursuant to this chapter concerning the denial, suspension or revocation of any permit, certificate or license, and to any hearing held pursuant to section four hundred fifty-five of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03645-01-9
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 permitting appeals to the department of family assistance to be conducted by means of a conference telephone, video conference or similar communications systems with and by independent hearing officers
Purpose
The purpose of this bill is to enable the commissioner of the Office of Temporary and Disability Assistance (OTDA) to embrace existing technolo- gy, reduce administrative costs, increase efficiencies, and provide a faster and more efficient fair hearing process for the benefit of all parties by conducting appeal hearings using teleconferencing or video conferencing equipment or independent fair hearing officers.
Summary of provisions
Section 1: Amends subdivision 2 of section 22 of the Social Services Law to enable the commissioner of the Office of Temporary and Disability Assistance (OTDA) to conduct appeals using teleconferencing or video conferencing equipment, or use independent fair hearing officers for due process hearings.
Section 2: Establishes an immediate effective date
Justification
Currently, OTDA conducts all fair hearing appeals using members of the commissioner's staff. As a result, fair hearings are sometimes delayed for several weeks pending the scheduling of these hearings. In addi- tion, OTDA incurs extensive travel and related expenses. Other State agencies routinely conduct hearings using teleconferencing or video conference equipment, saving the State time and money.
Often, these hearings are more convenient to the parties since they enable the parties to participate using their own telephone, computer, or similar equipment.
Corporations and other business entities have been authorized to use teleconference equipment pursuant to the Business Corporation Law for over 30 years, and such use is commonplace in the private sector.
Legislative history
2017,2018: S.547/A.4259 Committed to Rules/held for consideration in Social Services 2016: S.3084/A.5111 Passed the Senate/held for consideration in Social Services 2014: S.2611/A.5630 Referred to Social Services/held for consideration in Social Services 2013: S.2611/A.5630 Passed the Senate/referred to Social Services 2012: S.6882/A.9492 Passed the Senate/ referred to Social Services
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.