N.Y. PBH Law § 3401

§ 3401. Funeral directing; powers and duties of commissioner. 1. The\ncommissioner may, from time to time, make and adopt such rules and\nregulations not inconsistent with law as may be necessary (a) in the\nperformance of his duties and in the administration of the provisions of\nthis article; and (b) to govern and regulate the conduct and transaction\nof the business and practice of funeral directing, undertaking and\nembalming.\n 2. The commissioner shall:\n (a) ascertain what constitutes the best tests for determining whether\nlife is extinct, and shall prescribe the application of such tests, as\nhe may deem necessary;\n (b) investigate all alleged violations of law and of all rules and\nregulations relating to funeral directing, undertaking, and embalming;\n (c) appoint such personnel as he may deem necessary, who, subject to\nthe supervision, direction, and control of the commissioner, shall\nexercise the powers and perform the duties of the department and advise\nthe commissioner under this article.\n