NY Ment Hygiene L § 13.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.21 - Directors of State Operations Offices and Developmental Disabilities Regional Offices in the Office for People With Developmental Disabilities.

§ 13.21 Directors   of   state   operations  offices  and  developmental           disabilities regional offices in the office  for  people  with           developmental disabilities.  (a)   The   directors   of  both  the  state  operations  offices  and developmental disabilities regional offices in  the  office  for  people with  developmental disabilities shall be appointed by the commissioner. Each such director shall be in the non-competitive class and  designated as  confidential as defined by subdivision two-a of section forty-two of the  civil  service  law  and  shall  serve  at  the  pleasure  of   the commissioner.    He  or  she  shall  in exercising his or her appointing authority take, consistent with article twenty-three-A of the correction law, all reasonable and necessary steps to insure that any  such  person so  appointed  has not previously engaged in any act in violation of any law which  indicates  a  propensity  to  act  in  a  manner  that  would compromise the health and safety of patients in the facility of which he or  she  is director. He or she shall manage the state operations office or  developmental  disabilities  regional  office  and  administer   its personnel  system  subject  to  applicable  law,  the regulations of the commissioner, and the rules of the state civil service  commission.  The directors  of  the developmental disabilities regional offices and state operations offices shall maintain effective supervision of all parts  of their  respective  offices.  The  directors  of state operations offices shall generally provide for the administration of supports and  services to   individuals  with  developmental  disabilities  in  state  operated programs.  Directors of regional offices  shall  generally  oversee  the administration   of   supports   and   services   to   individuals  with developmental  disabilities  in  settings  outside  the  state  operated programs.  (b)  Such directors shall have the responsibility of seeing that there is humane  treatment  of  individuals  with  developmental  disabilities receiving  services in settings operated, licensed, certified, funded or approved  by  this  office  and  shall  investigate,  or  cause  to   be investigated,  every  reportable  incident  in  accordance  with article eleven of the social services  law.  Also  in  accordance  with  article eleven   of   the  social  services  law,  the  director  shall  require allegations of reportable incidents to be  reported  to  the  vulnerable persons'  central  register,  which shall screen and immediately forward reports that appear to allege crimes to the appropriate law  enforcement agency.   The   vulnerable   persons'   central  register  shall  notify immediately, and in any event within three working days,  the  board  of visitors of the facility and the mental hygiene legal service located in the  same  judicial  department  as the state operations office of every complaint of patient abuse or mistreatment and shall  inform  the  board and  the  mental  hygiene  legal  service  of  the results of his or her investigation.  (c) In any investigation into the treatment and  care  of  individuals with  developmental disabilities or the conduct, performance, or neglect of duty of officers  or  employees,  the  commissioner  or  his  or  her designee  shall  be  authorized  to  subpoena  witnesses,  compel  their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books or papers deemed relevant to the inquiry or investigation. A subpoena issued under this section shall  be regulated by the civil practice law and rules.  (d) The director of a state operations office shall be responsible for the  provision  of  state  operated community developmental disabilities services  in  those  areas  that  the  commissioner  may  assign.   Such responsibility shall, consistent with article forty-one of this chapter, include  the  operation of state operated facilities and the development  of needed facilities.  The  director  of  a  developmental  disabilities regional  office  shall  be  responsible  for the provision of community developmental disabilities services to  individuals  in  settings  other than  state  operated  programs. Such regional director's responsibility shall, consistent with article forty-one of this  chapter,  include  the oversight  of  facilities  and programs other than those operated by the state.  (e) Each state operations director of the office  shall,  upon  notice from  the  commissioner or upon knowledge that programs of such facility may be contracted or terminated, implement procedures to  ensure  timely notification  to  affected employees. Such procedures shall include, but not be limited to:  (1)  dissemination  and  posting  of  all  decisions,   policies   and procedures  with respect to all aspects of such actions and their impact on facility staff; and  (2) compliance with all requirements and protection of employee rights pursuant to collective bargaining agreements with the  designated  legal representative of the employees and the civil service law.