Section 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.