Section 48. General functions, powers and duties of office of welfare inspector general  


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  • The office  of  welfare  inspector  general,  by  and
      through  the  welfare  inspector general, or his duly authorized deputy,
      director, assistant, officer  or  employee,  shall  have  the  following
      functions,   powers  and  duties  notwithstanding  section  one  hundred
      thirty-six of the social services law:
        1. To receive and investigate complaints from the public or any  other
      source concerning alleged abuses, suspected frauds, and other violations
      of  the  welfare  system  which  shall  be  deemed  to  include  medical
      assistance. As used in this article, the term "medical assistance" shall
      have the same meaning contained in section three hundred sixty-five-a of
      the social services law.
        2. To receive complaints  of  alleged  failures  to  prosecute  frauds
      against  the  welfare  system  which  shall be deemed to include medical
      assistance and to investigate the same.
        3. To receive complaints of alleged failures to  enforce  the  state's
      laws  regarding  the  employment  of  welfare  recipients  in  available
      employment, and to investigate the same.
        4. To receive complaints of alleged failures of  local  officials  and
      employees  to  comply  with state laws and regulations regarding welfare
      administration which shall be deemed to include medical assistance,  and
      to investigate the same.
        5. On the initiative of the office and at the direction of the welfare
      inspector  general,  to  conduct any investigation: of the operations of
      the  state  social  services  department  and  local   social   services
      districts, the state health department and local health departments, and
      the  state  department  of  mental  hygiene  and community mental health
      boards in order to  insure  proper  expenditure  of  welfare  funds;  of
      violations  of  the  welfare  system;  of  failure  to prosecute welfare
      frauds; of failure to enforce the state's laws regarding the  employment
      of  welfare  recipients  in  available  employment;  of failure of local
      officials and employees to comply with state law, rules, and regulations
      regarding welfare  administration  which  shall  be  deemed  to  include
      medical assistance, and other matters relating thereto.
        6.  To exercise and perform such other functions, powers and duties as
      may from time to time be conferred or imposed by law.
        7. To make an annual report to the governor, the comptroller  and  the
      legislature  concerning  its work during the preceding year, and to make
      such further interim reports to them as they or any of them  shall  deem
      advisable or require.
        8.  To  conduct  any inquiry pertinent or material to the discharge of
      the functions, powers and duties imposed by law; and through  designated
      members  of  the  staff,  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 inquiry and investigation.
        9.  To  do  all  things  necessary  or  convenient  to  carry  out the
      functions, powers and duties set forth in this article,  to  the  extent
      they conform with applicable federal requirements, if any.
        10.  To  make,  amend  or  repeal such rules and regulations as may be
      necessary  with  the  approval  of  the  state  comptroller,   for   the
      performance of the duties imposed hereunder.