§ 604 — Powers of the department

§ 604. Powers of the department. The department shall have the\nfollowing powers and duties with respect to manufactured housing:\n 1. To create and maintain a registry accessible to the public which\nshall include, but not be limited to the following information:\n (a) a listing of certified manufacturers, retailers, installers and\nmechanics of manufactured homes; and\n (b) records of all violations issued, disciplinary action taken and\npenalties paid and levied pursuant to this article;\n 2. To retain records and all application materials submitted to it;\n 3. To receive complaints, conduct investigations and establish\nprocedures for the resolution of disputes relating to the construction,\ninstallation, or servicing of manufactured homes and to resolve such\ncomplaints and disputes pursuant to section six hundred five of this\narticle;\n 4. To establish administrative procedures for processing applications\nfor certification of persons and business entities required to be\ncertified pursuant to this article; to receive such applications; to\napprove or disapprove applications for certifications; and to issue\ncertificates;\n 5. To promulgate rules and regulations relating to the provisions of\nthis article;\n 6. To conduct adjudicatory hearings, pursuant to the state\nadministrative procedure act to resolve violations of this article and\nthe rules and regulations promulgated thereunder;\n 7. To suspend and revoke certificates, and impose such other penalties\nas may be authorized pursuant to this article. The department may revoke\nor suspend the certification of a person or business entity certified\npursuant to this article for a substantial violation of this article, or\nfor a material misstatement in the application for such certification,\nor if such person or business entity is guilty of fraud or fraudulent\npractices, or of dishonest or misleading advertising, or has\ndemonstrated untrustworthiness or incompetency to conduct the certified\nactivity or fails to comply with a decision issued pursuant to section\nsix hundred five of this article;\n 8. To seek injunctive relief in the supreme court in the county where\nthe complainant resides;\n 9. To promulgate rules and regulations establishing the standards for\ncertification of manufacturers, retailers, installers and mechanics\npursuant to this article. In establishing such standards, the department\nshall provide for minimum requirements of experience and education as\nmay be necessary to protect the public interest. Such standards shall\nalso include a requirement for initial training of installers and\nmechanics seeking certification by the department. In establishing\nstandards, the department shall recognize certifications or licenses\nobtained in other states without requiring additional initial\neducational testing, provided that the requirements for certification or\nlicensing in such other states are comparable to the requirements for\ncertification in the state of New York and provided further, that the\nindividual or entity seeking certification otherwise meets the\nqualifications for certification in the state of New York;\n 10. To promulgate rules and regulations to require bonding, minimum\ncapital requirements or other reasonable methods to ensure that\nmanufacturers, retailers, installers and mechanics are financially\nresponsible to fully comply with this article and have the financial\nresources to meet their warranty, contractual and other obligations. In\nconnection therewith, the department may require the posting of surety\nbonds to ensure the satisfactory completion of the installation or\nservice; and\n 11. a. To promulgate rules and regulations regarding the development\nand approval of courses and seminars required for original certification\nand to establish requirements for continuing education for persons\ncertified pursuant to this article. Such regulations shall at a minimum\nrequire that certified installers and mechanics attend courses and\nseminars relating to the proper methods of installation and servicing\nmanufactured homes not less than once every three years.\n b. Instructional services for courses leading to original\ncertification or qualifying for continuing education may be provided\neither by the department, a private trade association or other entity\nwhich has been approved as an instructional provider by the department\nand has paid the appropriate fee prescribed by rules and regulations\npromulgated under this section. Approved instructional providers shall\nbe permitted to charge a fee for such services, not to exceed the\nmaximum amount prescribed by the rules and regulations. Persons electing\nto have the continuing education instructional services provided by the\ndepartment, shall pay for such services in accordance with fee schedules\nestablished by the department.\n c. Fees charged by the department for approving or providing\ninstructional services shall be deposited in the department account\nestablished pursuant to section six hundred eight of this article.\n 12. To create and maintain a consumer awareness pamphlet, in\nconjunction with the advisory council, to include, but not be limited\nto, detailing the certification process, installer selection rights, the\ndispute resolution process, the differences between the types of\nhousing, and other consumer protection issues. Such pamphlet shall be\navailable to the public, and published on the department's website.\n