N.Y. Executive Law § 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.