NY Exec L § 604 (2021)
2021 New York Laws EXC - Executive Article 21-B - Manufactured Homes Title 1 - General Provisions 604 - Powers of the Department.

§  604.  Powers  of  the  department.  The  department  shall have the following powers and duties with respect to manufactured housing:   1. To create and maintain a registry accessible to  the  public  which shall include, but not be limited to the following information:  (a)  a  listing  of certified manufacturers, retailers, installers and mechanics of manufactured homes; and  (b) records of all violations issued, disciplinary  action  taken  and penalties paid and levied pursuant to this article;   2. To retain records and all application materials submitted to it;   3.   To  receive  complaints,  conduct  investigations  and  establish procedures for the resolution of disputes relating to the  construction, installation,  or  servicing  of  manufactured homes and to resolve such complaints and disputes pursuant to section six  hundred  five  of  this article;   4.  To establish administrative procedures for processing applications for certification of  persons  and  business  entities  required  to  be certified  pursuant  to  this  article; to receive such applications; to approve or disapprove applications  for  certifications;  and  to  issue certificates;   5.  To  promulgate rules and regulations relating to the provisions of this article;   6.  To  conduct  adjudicatory  hearings,   pursuant   to   the   state administrative  procedure  act to resolve violations of this article and the rules and regulations promulgated thereunder;   7. To suspend and revoke certificates, and impose such other penalties as may be authorized pursuant to this article. The department may revoke or suspend the certification of a person or  business  entity  certified pursuant to this article for a substantial violation of this article, or for  a  material misstatement in the application for such certification, or if such person or business entity is guilty of  fraud  or  fraudulent practices,   or   of   dishonest   or  misleading  advertising,  or  has demonstrated untrustworthiness or incompetency to conduct the  certified activity  or  fails to comply with a decision issued pursuant to section six hundred five of this article;   8. To seek injunctive relief in the supreme court in the county  where the complainant resides;   9.  To promulgate rules and regulations establishing the standards for certification of  manufacturers,  retailers,  installers  and  mechanics pursuant to this article. In establishing such standards, the department shall  provide  for  minimum requirements of experience and education as may be necessary to protect the public interest.  Such  standards  shall also  include  a  requirement  for  initial  training  of installers and mechanics seeking  certification  by  the  department.  In  establishing standards,  the  department  shall  recognize certifications or licenses obtained  in  other  states   without   requiring   additional   initial educational testing, provided that the requirements for certification or licensing  in  such  other states are comparable to the requirements for certification in the state of New York and provided  further,  that  the individual   or   entity   seeking  certification  otherwise  meets  the qualifications for certification in the state of New York;   10. To promulgate rules and regulations to  require  bonding,  minimum capital   requirements  or  other  reasonable  methods  to  ensure  that manufacturers,  retailers,  installers  and  mechanics  are  financially responsible  to  fully  comply  with this article and have the financial resources to meet their warranty, contractual and other obligations.  In connection  therewith,  the department may require the posting of surety bonds to ensure the  satisfactory  completion  of  the  installation  or service; and    11.  a.  To promulgate rules and regulations regarding the development and approval of courses and seminars required for original certification and to establish  requirements  for  continuing  education  for  persons certified  pursuant to this article. Such regulations shall at a minimum require  that  certified  installers  and  mechanics  attend courses and seminars relating to the proper methods of  installation  and  servicing manufactured homes not less than once every three years.   b.   Instructional   services   for   courses   leading   to  original certification or qualifying for continuing  education  may  be  provided either  by  the  department, a private trade association or other entity which has been approved as an instructional provider by  the  department and  has  paid  the  appropriate fee prescribed by rules and regulations promulgated under this section. Approved instructional  providers  shall be  permitted  to  charge  a  fee  for  such services, not to exceed the maximum amount prescribed by the rules and regulations. Persons electing to have the continuing education instructional services provided by  the department, shall pay for such services in accordance with fee schedules established by the department.   c.   Fees  charged  by  the  department  for  approving  or  providing instructional services shall be  deposited  in  the  department  account established pursuant to section six hundred eight of this article.   12.   To  create  and  maintain  a  consumer  awareness  pamphlet,  in conjunction with the advisory council, to include, but  not  be  limited to, detailing the certification process, installer selection rights, the dispute  resolution  process,  the  differences  between  the  types  of housing, and other consumer protection issues. Such  pamphlet  shall  be available to the public, and published on the department's website.