2023 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.