a. The commissioner shall have all the powers and duties vested in him or in the department by this chapter or otherwise, except those vested by law in the board of health and the chief medical examiner. In the performance of his functions, the commissioner shall have, in addition to such others as may be conferred upon him from time to time, the power and duty to:
(1) Prepare and submit to appropriate governmental authorities short term, intermediate and long range plans and programs designed to meet the said needs of the city, including the needs for construction and operation of medical and health care facilities, and establish priorities among them, except that the commissioner may not construct or operate a new medical or health care facility until the health systems agency having jurisdiction over the institution, as recognized by the state health planning council, has received, in the case of private institutions, a copy of the application filed with the commissioner, or in the case of institutions of the city of New York, information in such form and detail as the health systems agency shall require, and it shall have given the commissioner a written decision expressing its approval or disapproval. The commissioner shall not be bound by this decision but he shall not approve any construction, addition or modification contrary to the health systems agency without first holding a public hearing. In reaching decisions pursuant to this paragraph, the commissioner and the health systems agency shall consider:
(a) The public need for the existence of the new institution or the construction, addition or modification of an existing institution at the time and place and under the circumstances proposed;
(b) The character, competence and standing in the community of the owners and licensees, in the case of private institutions;
(c) The financial resources of the institution and its sources of future revenues;
(d) The fitness and adequacy of the premises, and equipment, personnel and standards of care to be used in the operation of the proposed institution;
(e) Any decision of the local community board, on the institution in the community; and
(f) Such matters as each of them considers pertinent.
(2) [Repealed.]
b. In the exercise of the commissioner's functions, powers and duties the commissioner may:
(1) Compel the attendance of witnesses, administer oaths and compel the production of books, papers and documents in any matter or proceeding before the commissioner.
(2) Except as otherwise provided by law, assess any penalty prescribed for a violation of or a failure to comply with any provision of this chapter or any lawful notice, order or regulation pursuant thereto, not exceeding one thousand dollars, which penalty may be assessed after a hearing or an opportunity to be heard.
(Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022)