§ 460-d. Enforcement powers. 1. The commissioner or any person\ndesignated by the commissioner may undertake an investigation of the\naffairs and management of any facility subject to the inspection and\nsupervision provision of this article, or of any person, corporation,\nsociety, association or organization which operates or holds itself out\nas being authorized to operate any such facility, or of the conduct of\nany officers or employers of any such facility. Persons empowered by the\ncommissioner to conduct any such investigation are hereby empowered to\nissue compulsory process for the attendance of witnesses and the\nproduction of papers, to administer oaths and to examine persons under\noath, and to exercise the same powers in respect to the conduct of such\nan investigation as belong to referees appointed by the supreme court.\n 2. If it shall appear after such investigation that the residents of\nthe facility are cruelly, negligently or improperly treated, or that\ninadequate provision is made for their sustenance, clothing, care,\nsupervision or other condition necessary for their comfort and\nwell-being, the department may issue an order in the name of the people,\nand under the official seal of the state, directing the appropriate\nofficers or managers of such facility to modify such treatment or\nprovide such other remedy as may be specified therein. Before any such\norder is issued, it must be approved by a justice of the supreme court,\nafter such notice as he may prescribe and after an opportunity to be\nheard, and any person to whom such an order is directed who shall\nintentionally fail or refuse to obey its terms shall be guilty of a\nmisdemeanor.\n 3. The attorney general and every district attorney shall upon request\nof the department furnish such legal assistance, counsel or advice as\nthe department may require in the discharge of its duties.\n 4. (a) The operating certificate of any facility may be revoked,\nsuspended or limited upon a determination by the department that the\nfacility has failed to comply with the requirements of state or local\nlaws or regulations applicable to the operation of such facility.\n (b) No operating certificate shall be revoked, suspended or limited\nwithout a hearing held in accordance with procedures established by\ndepartment regulations, which procedures shall require that notice of\nthe time and place of the hearing, and notice of the charges, shall be\nserved in person or by certified mail addressed to the facility at least\nthirty days prior to the date of the hearing. A written answer to the\ncharges may be filed with the department not less than ten business days\nprior to the date of the hearing. An operating certificate may,\nnevertheless, be suspended or limited without a hearing for a period not\nin excess of sixty days, upon written notice to the facility following a\nfinding by the department that the public health, or an individual's\nhealth, safety or welfare, are in imminent danger.\n (c) Any order or determination to suspend any operating certificate\nwill specify the conditions of the suspension. These conditions may\ninclude but need not be limited to the following:\n (i) if required for the protection of the health, safety or welfare of\nthe residents, the immediate transfer of some or all residents to other\nappropriate facilities or to the custody of their legal guardians, if\nany;\n (ii) the appointment of a temporary operator to operate the facility\nduring the term of the suspension;\n (iii) the immediate transfer of all records concerning the operation\nof the facility, including resident records, facility business records\nand any other records related to the operation of the facility to the\ndepartment immediately. The department shall control the records for the\nterm of the suspension;\n (iv) the operator or operators of the facility shall be barred from\naccess to the facility during the term of the suspension; or\n (v) the requ
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