§ 803 — Powers of the secretary

§ 803. Powers of the secretary. 1. The secretary shall promulgate such\nrules and regulations as are deemed necessary to effectuate the purposes\nof this article, and shall provide written notification of the\nprovisions of this article and a copy of the registration application\nwithin ninety days of the effective date of this article to all dealers\nas were registered under former article thirty-seven-a of this chapter\nprior to such effective date and to audiologists licensed pursuant to\narticle one hundred fifty-nine of the education law. Such notification\nshall inform all such dealers, their dispensing employees and\naudiologists of the obligation to register pursuant to subdivision nine\nof section seven hundred ninety of this article.\n 2. The secretary shall review implementation of the provisions of this\narticle in consultation with the board and shall vigorously and\nproactively ensure the enforcement of its provisions through site\nvisits, regular examination of compliance with this article, public\noutreach and education, promulgation of regulations, delivery of\ntechnical assistance, and such other forms as would increase awareness\nof and adherence to the protections and process prescribed in this\narticle. The secretary shall examine compliance with this article for\neach business registered pursuant to subdivision one of section seven\nhundred ninety of this article at least once every four years.\n 3. In addition to the powers and duties specified elsewhere in this\narticle, the secretary, upon the complaint of any individual or upon the\nsecretary's initiative, shall have the power to make and to conduct such\ninvestigations as are deemed necessary to effectuate the purposes of\nthis article. The secretary shall have the power to require the\nattendance of witnesses and issue subpoenas in accordance with the\nprovisions of this section, in the conduct of such investigations.\n 4. In conjunction with the board, the secretary shall:\n (a) develop procedures for promptly investigating all complaints\nregarding violations of this article;\n (b) develop procedures for assisting consumers in resolving a dispute\nwith those persons registered pursuant to this article and mediating on\nbehalf of consumers when needed;\n (c) establish a toll-free number at which consumers, including persons\nwho are hard of hearing or deaf, can register a complaint; and\n (d) develop other procedures as necessary to increase public awareness\nof how to properly purchase, fit, adjust and use a hearing aid, as well\nas the rights of hearing aid consumers pursuant to this article, which\nshall include the distribution of written information concerning this\nsubject matter and the toll-free number to those subject to this\narticle, the media, and the general public.\n 5. The secretary, in conjunction with the board shall cause to be\nprepared and distributed printed educational information to registered\nhearing aid dispensers and others about the general use of hearing aids\nand assistive listening devices and on the advantages and disadvantages\nof hearing aids as well as rights and remedies available to the consumer\npursuant to this article.\n 6. The secretary shall regularly communicate with the commissioner of\neducation regarding the discipline and/or prosecution of violations of\nthis article by audiologists licensed pursuant to article one hundred\nfifty-nine of the education law.\n 7. On or before January thirty-first of each year, the secretary shall\ndevelop and distribute a report to the governor, the speaker of the\nassembly, the temporary president of the senate, the minority leader of\nthe assembly, the minority leader of the senate, the chair of the\nassembly ways and means committee, and the chair of the senate finance\ncommittee, and make it available for public examination. Such report\nshall entail specific efforts made by the secretary, the board and\nhearing aid dispensers to comply with the provisions of this article, a\ncompilation of actions taken in response to recommendations submitted to\nthe secretary from the board, a summary of the results of compliance\nefforts and anticipated efforts to improve public education, compliance\nand enforcement during the subsequent year, as well as recommendations,\nif any, to amend this article.\n