2023 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.