§ 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.