2023 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.