2010 New York Code
SOS - Social Services
Article 2 - (5 - 40) 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 of mental retardation  and
  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.