N.Y. General Business Law § 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.