§ 34 — General powers and duties of the commissioner

New York § 34

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 2: Department and State Board of Social Welfare

Text

§ 34. General powers and duties of the commissioner. 1. The\ncommissioner of social services shall be the chief administrative\nofficer of the department.\n 2. All the administrative and executive powers and duties of the\ndepartment shall be vested in the commissioner.\n 3. The commissioner shall\n (a) continue to have, exercise, and perform the functions, powers and\nduties conferred by law upon the commissioner of social services;\n (b) execute and issue the determinations, decisions, orders, notices,\nlicenses and certificates of the department as may be required in the\nexercise and performance of the functions, powers and duties conferred\nupon or vested in the department;\n (c) take cognizance of the interests of health and welfare of the\ninhabitants of the state who lack or are threatened with the deprivation\nof the necessaries of life and of all matters pertaining thereto;\n (d) exercise general supervision over the work of all local welfare\nauthorities;\n (e) enforce this chapter and the regulations of the department within\nthe state and in the local governmental units;\n (f) establish regulations for administration of public assistance and\ncare within the state both by the state itself and by the local\ngovernmental units, in accordance with law;\n (g) provide technical assistance, advisory and consultative services\nto business, industry and labor to encourage their sponsorship of day\ncare centers;\n (h) in consultation with the department of education, the department\nof health, the division for youth, the office for people with\ndevelopmental disabilities and the office of mental health, establish\nguidelines for the acceptance by social services officials of notices\nthat children in foster care are at risk of educational placements, as\nprovided for in subparagraph four of paragraph b of subdivision one of\nsection forty-four hundred two of the education law. Such guidelines\nshall be designed to assure that the social services district receiving\nsuch a notice inquire into the educational needs of the child and the\ncircumstances of the foster care placement, and to assure that the\nsocial services district responds as appropriate to any request by a\ncommittee on special education to participate in the proceedings of the\ncommittee;\n (i) exercise such other powers and perform such other duties as may be\nrequired by law.\n 4. Notwithstanding any inconsistent provision of the civil service\nlaw, the commisioner may, if he finds that the chief executive officer\nof any county or city social services department has failed properly to\nperform his duties as required by law or rules and regulations of the\ndepartment, present charges and specifications thereof to the appointing\nofficer or authority of such county or city social services district.\nSuch appointing officer or authority shall, upon receipt of such charges\nor specifications give notice thereof to the chief executive officer of\nthe social services department and shall make inquiry into the merits of\nsuch specifications at a hearing thereon. The commissioner may present\nhis evidence at such hearing and recommend removal or other appropriate\nsanctions. In the event the appointing authority finds the charges and\nspecifications made by the comissioner are substantiated, the appointing\nofficer or authority shall forthwith remove such chief executive officer\nor apply other sanctions. Any deputy or other employee of any such\nofficer may also be removed or sanctioned upon the recommendation of the\ncommissioner, in the same manner. Such removal or other sanction may not\nbe appealed to a civil service commission, but may be subject to review\npursuant to article seventy-eight of the civil practice law and rules.\nThe provisions of this section shall not be deemed to preclude the\nexercise of the power of removal or sanction by the officer or authority\nhaving the power of appointment.\n 5. The commissioner or any official by him authorized so to do\n (a) may conduct any inquiry pertinent or material to the discharge of\nthe duties imposed upon him by law;\n (b) is empowered to subpoena witnesses, administer oaths, take\ntestimony and compel the production of such books, papers, records and\ndocuments as may be relevant to any such investigation.\n 6. The commissioner may exercise such additional powers and duties as\nmay be required for the effective administration of the department and\nof the state system of public aid and assistance.\n