NY Soc Serv L § 34 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 34 - General Powers and Duties of the Commissioner.

§   34.  General  powers  and  duties  of  the  commissioner.  1.  The commissioner of  social  services  shall  be  the  chief  administrative officer of the department.   2.  All  the  administrative  and  executive  powers and duties of the department shall be vested in the commissioner.   3. The commissioner shall  (a) continue to have, exercise, and perform the functions, powers  and duties conferred by law upon the commissioner of social services;  (b)  execute and issue the determinations, decisions, orders, notices, licenses and certificates of the department as may be  required  in  the exercise  and  performance of the functions, powers and duties conferred upon or vested in the department;  (c) take cognizance of the interests of  health  and  welfare  of  the inhabitants of the state who lack or are threatened with the deprivation of the necessaries of life and of all matters pertaining thereto;  (d)  exercise  general  supervision over the work of all local welfare authorities;  (e) enforce this chapter and the regulations of the department  within the state and in the local governmental units;  (f)  establish regulations for administration of public assistance and care within the state  both  by  the  state  itself  and  by  the  local governmental units, in accordance with law;  (g)  provide  technical assistance, advisory and consultative services to business, industry and labor to encourage their  sponsorship  of  day care centers;  (h)  in  consultation with the department of education, the department of  health,  the  division  for  youth,  the  office  for  people   with developmental  disabilities  and  the office of mental health, establish guidelines for the acceptance by social services  officials  of  notices that  children  in foster care are at risk of educational placements, as provided for in subparagraph four of paragraph b of subdivision  one  of section  forty-four  hundred  two  of the education law. Such guidelines shall be designed to assure that the social services district  receiving such  a  notice  inquire into the educational needs of the child and the circumstances of the foster care  placement,  and  to  assure  that  the social  services  district  responds  as appropriate to any request by a committee on special education to participate in the proceedings of  the committee;  (i) exercise such other powers and perform such other duties as may be required by law.   4.  Notwithstanding  any  inconsistent  provision of the civil service law, the commisioner may, if he finds that the chief  executive  officer of  any county or city social services department has failed properly to perform his duties as required by law or rules and  regulations  of  the department, present charges and specifications thereof to the appointing officer  or  authority  of such county or city social services district. Such appointing officer or authority shall, upon receipt of such charges or specifications give notice thereof to the chief executive officer  of the social services department and shall make inquiry into the merits of such  specifications  at a hearing thereon. The commissioner may present his evidence at such hearing and recommend removal or other  appropriate sanctions.  In  the event the appointing authority finds the charges and specifications made by the comissioner are substantiated, the appointing officer or authority shall forthwith remove such chief executive officer or apply other sanctions. Any deputy  or  other  employee  of  any  such officer may also be removed or sanctioned upon the recommendation of the commissioner, in the same manner. Such removal or other sanction may not be  appealed to a civil service commission, but may be subject to review  pursuant to article seventy-eight of the civil practice law  and  rules. The  provisions  of  this  section  shall  not be deemed to preclude the exercise of the power of removal or sanction by the officer or authority having the power of appointment.   5. The commissioner or any official by him authorized so to do  (a)  may conduct any inquiry pertinent or material to the discharge of the duties imposed upon him by law;  (b)  is  empowered  to  subpoena  witnesses,  administer  oaths,  take testimony  and  compel the production of such books, papers, records and documents as may be relevant to any such investigation.   6. The commissioner may exercise such additional powers and duties  as may  be  required for the effective administration of the department and of the state system of public aid and assistance.