§ 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.