(ii) The independent agency shall conduct and coordinate the protection and advocacy and client assistance programs, as established by federal law to provide oversight of the state's system of care for individuals with disabilities and to assist such individuals with accessing vocational and rehabilitation services, including but not limited to:

(A) Providing information, referrals and technical assistance to address the needs of individuals with disabilities;

(B) Pursuing legal, administrative and other appropriate remedies or approaches to ensure the protection of and advocacy for the rights of individuals with disabilities;

(C) Investigating incidents of abuse and neglect of individuals with disabilities if the incidents are reported to the independent agency or if there is probable cause to believe that the incidents occurred; and

(D) Establishing a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities have full access to services of the system.

(iii) Pursuant to the requirements of federal law, upon receipt of a complaint of an incident of abuse or neglect of an individual with a disability, or if there is probable cause to believe that such an incident occurred, the independent agency shall have prompt access, at reasonable times: to any facility or part thereof serving such individual that is operated, certified or licensed by any office or agency of the state; to all books, records and data pertaining to such a facility; to such individual with a disability in a location in which services, supports and other assistance are provided to such individual; to records of a facility or provider agency concerning such individual; and to any other records that are relevant to conducting an investigation. The independent agency also shall have access to records of the justice center as set forth in paragraph (f) of subdivision one and paragraph (y) of subdivision two of section four hundred ninety-six of the social services law.

(iv) All records and documents received by the independent agency shall be received subject to any confidentiality requirements applicable pursuant to state and federal law.

(v) The governor shall be authorized to re-designate the agency implementing the protection and advocacy program and client assistance programs only if there is good cause for the re-designation and in accordance with federal requirements.

(vi) The independent agency may assist in the development of residential councils at facilities and programs.

(vii) To the extent consistent with federal law, the independent agency shall make copies of any of its reports available to the governor, the temporary president of the senate and the speaker of the assembly.

(viii) The independent agency shall take affirmative steps to assure that its programs and services are geographically representative of the state and, to the extent practicable, ensure regional access, and reflect the diversity of the state with respect to race and ethnicity. * NB Effective upon filing the Governor's final notice of re-designation

(c) In the exercise of its functions, powers and duties, the executive director and any employee designated by him or her is authorized to issue and enforce a subpoena and a subpoena duces tecum, conduct hearings, administer oaths and examine persons under oath, in accordance with and pursuant to civil practice law and rules.

(d) In any case where a person in charge or control of such facility or an officer or employee thereof shall fail to comply with the provisions of subdivision (a) of this section, the justice center may apply to the supreme court for an order directed to such person requiring compliance therewith. Upon such application the court may issue such order as may be just and a failure to comply with the order of the court shall be a contempt of court and punishable as such.