NY Gen Bus L § 803 (2021)
2021 New York Laws GBS - General Business Article 37-A - Registration of Hearing Aid Dispensers 803 - Powers of the Secretary.

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