Title 19 Part 1210

Article 21-B of the Executive Law (Executive Law, sections 600, et seq.

) provides for the initial training, certification, and continuing education of manufacturers, retailers, installers, and mechanics of manufactured homes, establishes procedures for the resolution of disputes relating to manufactured homes, and otherwise implements the provisions of the Federal Manufactured Housing Improvement Act of 2000 (PL 106-569). This Part implements the provisions of article 21-B of the Executive Law.

This Part applies to manufactured homes; to persons and business entities engaged in the manufacture, sale, installation and service of manufactured homes; to purchasers of manufactured homes; to resolution of disputes relating to manufactured homes; and to other matters that are subject to article 21-B of the Executive Law. The term manufactured home

This Part does not apply to “factory manufactured homes” (factory manufactured homes being commonly referred to as “modular homes”). Part 1209 of this Title (19 NYCRR sections 1209.1, et seq.

) applies to factory manufactured homes. The term factory manufactured home is defined in Part 1209 of this Title as follows: a structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, or assembly and permanent installation, on a building site.

For the purposes of this Part:

acceptable deposit account control agreement shall mean an agreement which identifies a deposit account having a balance of not less than $50,000 in the case of an applicant for certification as a manufacturer or a certificate holder certified as a manufacturer, not less than $25,000 in the case of an applicant for certification as a retailer or a certificate holder certified as a retailer, not less than $10,000 in the case of an applicant for certification as an installer or a certificate holder certified as an installer, and not less than $5,000 in the case of an applicant for certification as a mechanic or a certificate holder certified as a mechanic, and which grants the Department of State a security interest in and control of such deposit account; provided that:

acceptable letter of credit shall mean a letter of credit which:

acceptable surety bond shall mean a surety bond which:

article 21-B shall mean article 21-B of the Executive Law, as currently enacted and as hereafter amended from time to time.

article 21-B introductory course shall mean a three-hour course of instruction covering the requirements of article 21-B and of this Part and such other topics related to manufactured homes as the Department of State may deem to be appropriate, and provided by the Department of State or by an instructional provider approved by the Department of State.

article 21-B judgment shall mean a judgment entered or made by a court of competent jurisdiction in an action or proceeding involving an allegation that a substantial defect exists in the delivered condition, installation, service, or construction of a manufactured home, including, but not limited to, a judgment which is made in an action or proceeding commenced to review an article 21-B order and which confirms, affirms, annuls, reverses, modifies, or otherwise affects such article 21-B order.

article 21-B order shall mean:

article 21-B order shall mean such consent order, decision, or decision and order as so confirmed, affirmed, annulled, reversed, modified, or otherwise affected.

certificate holder shall mean a person or business entity holding a valid certification as a manufacturer, retailer, installer, or mechanic.

certification shall mean a certification issued by the Department of State to a manufacturer, retailer, installer, or mechanic pursuant to article 21-B.

certified shall mean certified by the Department of State as a manufacturer, retailer, installer, or mechanic pursuant to article 21-B.

complaining party shall mean any homeowner, manufacturer, retailer, installer, mechanic, or lending entity filing a complaint under the dispute resolution procedures described in section 1210.18 (Resolution of disputes) of this Part.

equivalent of a high school graduate shall mean a person who:

homeowner shall mean an owner of a manufactured home; provided, however, that the term homeowner shall not include the manufacturer of the manufactured home or a retailer who owns the manufactured home for the purposes of resale.

HUD data plate shall mean the data plate required to be affixed to a manufactured home pursuant to 24 CFR section 3280.5, as currently in effect and as hereafter amended from time to time, or any similar regulation that may hereafter be promulgated by the United States Department of Housing and Urban Development.

installer's warranty seal shall mean a New York State installer's warranty seal obtained by an installer from the Department of State pursuant to section 603(2) of the Executive Law.

limited certificate shall mean a certificate issued to a person pursuant to section 1210.4(c) (Standards for certification as a manufacturer), 1210.5(d) (Standards for certification as a retailer), 1210.6(f) (Standards for certification as an installer), or 1210.7(f) (Standards for certification as a mechanic) of this Part.

manufactured home park and manufactured home tenant shall have the meanings ascribed to such terms in section 233 of the Real Property Law.

manufactured housing shall mean one or more manufactured homes.

manufactured housing unit shall mean a manufactured home.

manufacturer's warranty seal shall mean a New York State manufacturer's warranty seal obtained by a manufacturer from the Department of State pursuant to section 603(1) of the Executive Law.

non-retail sale shall mean:

owner-occupant installer certificate shall mean a certificate issued to a person pursuant to section 1210.6(h) (Standards for certification as an installer) of this Part.

shall mean Part 400 (Hearing Rules of Procedure) of this Title (19 NYCRR section 400.1, et seq.

), as currently in effect and as hereafter amended from time to time.

permitted applications shall mean the manners in which the Department of State may apply funds withdrawn from a deposit account evidenced by an acceptable deposit account control agreement, or sums drawn under an acceptable letter of credit, or payments made under an acceptable surety bond, and shall include the following:

person shall mean an individual.

required disclosure statement shall mean any written disclosure statement which a manufacturer, retailer, or lending entity is required to provide to the purchaser or purchasers of a manufactured home pursuant to any applicable Federal or State statute or regulation, and which is required to include a statement of all costs and expenses incidental to the purchase, financing and/or installation of such manufactured home.

responding parties shall mean the manufacturer, the retailer, and the installer of a manufactured home which is the subject of a complaint filed under the dispute resolution procedures described in section 1210.18 (Resolution of disputes) of this Part, and, if applicable, each mechanic who serviced such manufactured home, and the term responding party shall mean any one of the responding parties.

substantial defect shall be a defect or a number of defects or other conditions in the delivered condition, installation, service, or construction of a manufactured home which collectively can reasonably be expected to cost $500 or more to cure.

Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

On and after July 1, 2006, no person or business entity shall manufacture any manufactured home outside the State of New York for sale into the State of New York, or manufacture, sell (other than in a non-retail sale), install, or service any manufactured home in the State of New York, unless such person or business entity has obtained the appropriate certification from the Department of State pursuant to article 21-B.

On and after July 1, 2006, no manufactured home shall be installed in the State of New York unless at least one person certified by the Department of State as an installer is present at the home site during the installation. The presence of a person holding a limited certificate issued pursuant to section 1210.6(f) (Standards for certification as an installer) of this Part at the home site during the installation shall be deemed to satisfy this requirement if, but only if, such person was acting within the scope of his or her employment by the employer named in such person's limited certificate during such installation. The presence of a person holding an owner-occupant installer certificate at the home site during the installation shall be deemed to satisfy this requirement only in connection with the installation of the manufactured home which is identified in such owner-occupant installer certificate and which is or is to be owned and occupied by the person holding such owner-occupant installer certificate.

On and after July 1, 2006, no manufactured home shall be serviced in the State of New York unless at least one person certified by the Department of State as an installer or as a mechanic is present at the home site during the service. The presence of a person holding a limited certificate issued pursuant to section 1210.6(f) (Standards for certification as an installer) or 1210.7(f) (Standards for certification as a mechanic) of this Part at the home site during the service shall be deemed to satisfy this requirement if, but only if, such person was acting within the scope of his or her employment by the employer named in such person's limited certificate during such service. The presence of a person holding an owner-occupant installer certificate at the home site during the installation shall not be deemed to satisfy this requirement.

An applicant for certification as a manufacturer, retailer, installer, or mechanic must establish to the satisfaction of the Department of State that the applicant satisfies the standards for certification as set forth in section 1210.4 (Standards for certification as a manufacturer), 1210.5 (Standards for certification as a retailer), 1210.6 (Standards for certification as an installer), or 1210.7 (Standards for certification as a mechanic) of this Part, as applicable.

An application for certification as a manufacturer, retailer, installer, or mechanic shall be in writing, shall be submitted on a form provided by or otherwise acceptable to the Department of State, and shall be accompanied by the appropriate application fee set forth in section 1210.19 (Fees) of this Part.

If the applicant is a business entity, the applicant shall submit proof establishing to the satisfaction of the Department of State that the applicant has been duly formed under the laws of the State of New York (or, if applicable, that the applicant has been duly formed under the laws of another jurisdiction and has qualified to do business in the State of New York), and that the applicant is in existence and has full authority to do business in the State of New York. If the applicant does business under an assumed name, the applicant shall submit proof establishing to the satisfaction of the Department of State that the applicant has satisfied the requirements of section 130 of the General Business Law. In addition, any person or business entity applying for certification shall provide such additional information and documentation as may be requested from time to time by the Department of State. An application shall not be deemed to be complete until the applicant has provided all additional information and documentation that may be so requested.

The Department of State shall, before making a final determination to deny an application for a certification, notify the applicant in writing of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard, in person or by counsel, prior to denial of the application. Such notification shall be served by first class mail, by certified mail (return receipt requested), or in any manner authorized by the Civil Practice Law and Rules for service of a summons. If the applicant fails to make a written request for a hearing within 35 days after receipt of such notification, then the notification of denial shall become the final determination of the Department of State. If the applicant does make a written request for a hearing within such 35-day period, a hearing shall be conducted at such time and place as the Department of State shall prescribe and in accordance with the provisions of Part 400 of this Title. For the purposes of applying Part 400 of this Title to any such proceeding, the term license shall be deemed to include a certification.

The Department of State shall maintain the registry contemplated by subdivision (1) of section 604 of the Executive Law. Such registry shall include information related to manufacturers, retailers, installers, and mechanics, and shall be accessible by the public.

Each person or business entity certified pursuant to article 21-B shall cooperate with any investigation made by the Department of State or by any representative of the Department of State regarding the conduct of such person or business entity or of any employee or representative of such person or business entity, and with any investigation by the Department of State or by any representative of the Department of State regarding any complaint filed under section 1210.18 (Resolution of disputes) of this Part.

A person or business entity applying for certification as a manufacturer must be approved by the United States Department of Housing and Urban Development to construct manufactured homes. A person or business entity certified by the Department of State as a manufacturer must continue to be so approved by the United States Department of Housing and Urban Development at all times such certification is in effect.

A person or business entity applying for certification as a manufacturer must submit to the Department of State an acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $50,000, an acceptable letter of credit in the sum of $50,000, or an acceptable surety bond in the principal amount of $50,000. Such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond may be submitted with the application for certification, or within a reasonable time after the applicant receives notification that the application has been approved; provided, however, that the certification shall not be issued until such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond shall have been received by the Department of State. A person or business entity certified by the Department of State as a manufacturer must maintain an acceptable deposit account control agreement (and the deposit account evidenced thereby), an acceptable letter of credit, or an acceptable surety bond in full force and effect:

A person may apply for certification as a manufacturer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (b) of this section if such person is employed by a person who or a business entity which is certified as a manufacturer and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as a manufacturer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as a manufacturer. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as a manufacturer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a manufacturer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as a manufacturer, or if such person ceases to be employed by such employer.

Except as otherwise provided in subdivision (d) or (e) of this section:

A person may apply for certification as a retailer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section if such person is employed by a person who or a business entity which is certified as a retailer and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as a retailer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as a retailer. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as a retailer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a retailer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as a retailer, or if such person ceases to be employed by such employer.

A person or business entity certified as a manufacturer may apply for certification as a retailer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section, provided that the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond provided by such person or business entity pursuant to section 1210.4(b) (Standards for certification as a manufacturer) indicates that such person or entity is certified as a manufacturer and as a retailer, and applies to all acts and omissions as a manufacturer and all acts and omissions as a retailer. No certification as a retailer shall be issued to any person or business entity pursuant to this subdivision unless such person or business entity satisfies all other standards for certification as a retailer.

Except as otherwise provided in subdivision (f), (g) or (h) of this section:

A person may apply for certification as an installer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section if such person is employed by a person who or a business entity which is certified as an installer, and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as an installer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as an installer. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as an installer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as an installer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as an installer, or if such person ceases to be employed by such employer.

A person or business entity certified as a manufacturer or retailer may apply for certification as an installer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section, provided that the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond provided by such person or business entity pursuant to section 1210.4(b) (Standards for certification as a manufacturer) or section 1210.5(a) (Standards for certification as a retailer) of this Part, as applicable, indicates that such person or business entity is certified as a manufacturer (if applicable), retailer (if applicable), and installer, and applies to all acts or omissions of such person or business entity as a manufacturer (if applicable), all acts and omissions of such person or business entity as a retailer (if applicable), and all acts and omissions of such person or business entity as an installer. No certification as an installer shall be issued to any person or business entity pursuant to this subdivision unless such person or business entity satisfies all other standards for certification as an installer.

A person who intends to own and occupy a manufactured home may apply for certification as the installer of such manufactured home without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section and without satisfying the experience requirements set forth in subdivision (b) of this section; provided, however, that no owner-occupant installer certificate shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as an installer; and provided further that the provisions of section 1210.8 (Recognition of certification or license issued by another state) shall not apply to any person applying for an owner-occupant installer certificate pursuant to this subdivision, and notwithstanding any other provision of this Part to the contrary, no person shall receive an owner-occupant installer certificate unless such person shall have completed the article 21-B introductory course, satisfied all other initial training requirements set forth in paragraph (d)(1) of this section, and satisfied the examination requirement set forth in paragraph (e)(1) of this section.

An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for an owner-occupant installer certificate pursuant to this subdivision, shall identify the manufactured home that such person intends to install, shall identify the location where such manufactured home is to be installed, and shall include such person's certification that he or she is or intends to be the owner and occupant of such manufactured home. An owner-occupant installer certificate issued to a person pursuant to this subdivision shall identify the manufactured home which such person is authorized to install and the location where such manufactured home is to be installed, shall authorize such person to act as an installer only with respect to the manufactured home which is identified in such owner-occupant installer certificate and which is or is to be owned and occupied by such person, shall authorize such person to install such manufactured home only at the location identified in such owner- occupant installer certificate, and shall not authorize such person to act as a mechanic. An owner- occupant installer certificate issued pursuant to this subdivision shall expire upon the completion of the installation of the manufactured home identified in such owner-occupant installer certificate, or one year after the date of issuance of such owner-occupant installer certificate, whichever is earlier. An owner-occupant installer certificate issued pursuant to this subdivision may not be renewed. A person holding an owner-occupant installer certificate issued pursuant to this subdivision shall not be subject to the continuing education requirements set forth in section 1210.13 (Continuing education requirements) of this Part. A person who receives an owner-occupant installer certificate pursuant to this subdivision shall be permitted to request an installer's warranty seal only for the manufactured home identified in such owner-occupant installer certificate. For the purposes of this subdivision, a person will be deemed to be the owner and occupant of a manufactured home if he or she is, or intends to be, the sole owner and occupant of such manufactured home or a co-owner and co-occupant of such manufactured home.

Except as otherwise provided in subdivision (f) or (g) of this section:

provided, however, that completion of an article 21-B introductory course or any other course intended to satisfy the initial training requirements set forth in this subdivision more than six months prior to application for certification shall not be deemed to satisfy such initial training requirements unless, in the judgement of the Department of State, the topics covered by and the information contained in the course taken by the applicant are substantially similar to the topics covered by and the information contained in the corresponding course offered at the time of such application.

A person may apply for certification as a mechanic without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section if such person is employed by a person who or a business entity which is certified as an installer and/or mechanic and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as an installer (if applicable) or mechanic (if applicable); provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as a mechanic. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as an installer and/or mechanic. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a mechanic only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as an installer and/or mechanic, or if such person ceases to be employed by such employer.

A person or business entity certified as a manufacturer, retailer, or installer may apply for certification as a mechanic without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section, provided that the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond provided by such person or business entity pursuant to section 1210.4(b) (Standards for certification as a manufacturer) or section 1210.5(a) (Standards for certification as a retailer), or section 1210.6(a) (Standards for certification as an installer) of this Part, as applicable, indicates that such person or business entity is certified as a manufacturer (if applicable), retailer (if applicable), installer (if applicable), and mechanic, and applies to all acts or omissions of such person or business entity as a manufacturer (if applicable), all acts and omissions of such person or business entity as a retailer (if applicable), all acts and omissions of such person or business entity as an installer (if applicable), and all acts and omissions of such person or business entity as a mechanic. No certification as an installer shall be issued to any person or business entity pursuant to this subdivision unless such person or business entity satisfies all other standards for certification as a mechanic.

A person certified or licensed as an installer by another state within the United States will not be required to pass the examination referred to in section 1210.6(e)(1) (Standards for certification as an installer) of this Part, provided that:

A person certified or licensed as a mechanic by another state within the United States will not be required to pass the examination referred to in section 1210.7(e)(1) (Standards for certification as a mechanic) of this Part, provided that:

Any person or business entity owning or operating more than one manufacturing plant that manufactures, delivers, or sells manufactured homes in the State of New York shall be required to obtain a separate certification as a manufacturer for each such manufacturing plant. Such person or business entity will be required to satisfy all standards for certification as a manufacturer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $50,000, one acceptable letter of credit in the sum of $50,000, or one acceptable surety bond in the principal amount of $50,000 shall be deemed to satisfy the financial responsibility requirements for all manufacturer certifications issued to such person or business entity.

Any person or business entity owning or operating more than one retail sales location in the State of New York shall be required to obtain a separate certification as a retailer for each such retail sales location. Such person or business entity will be required to satisfy all standards for certification as a retailer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $25,000, one acceptable letter of credit in the sum of $25,000, or one acceptable surety bond in the principal amount of $25,000 shall be deemed to satisfy the financial responsibility requirements for all retailer certifications issued to such person or business entity.

Except as otherwise provided in section 1210.5(d) (Standards for certification as a retailer), 1210.6(f) (Standards for certification as an installer), 1210.6(h), 1210.7(f) (Standards for certification as a mechanic), or 1210.20 (Suspension and revocation of certifications), a certification issued by the Department of State shall be valid for a term of two years, and a certification renewed pursuant to section 1210.12 (Renewal of certifications) of this Part shall be valid for a term of two years.

In addition, the applicant shall provide such additional information and documentation as may be requested from time to time by the Department of State. An application shall not be deemed to be complete until the applicant has provided all additional information and documentation that may be so requested.

The warranties set forth in this subdivision shall be in addition to, and not in limitation of or substitution for, the warranty provided for in article 35 of the General Business Law and any and all other warranties, express or implied, given or made by the manufacturer, whether contractually or by operation of law.

The warranties set forth in this subdivision shall be in addition to, and not in limitation of or substitution for, any and all other warranties, express or implied, given or made by the installer, whether contractually or by operation of law. The warranty of the installer that the installation of such manufactured home meets the standards of the Uniform Code shall be deemed to include, without limitation, a warranty that the foundation or supports on which the manufactured home was installed were inspected and approved by the governmental agency or department or other person or entity responsible for enforcing the Uniform Code in the jurisdiction in which the manufactured home was installed, and if such foundation or supports were constructed by the installer, such warranty shall also be deemed to include, without limitation, a warranty that such foundation or supports were constructed in accordance with the applicable provisions of the Uniform Code.

In determining whether such installation was or was not in accordance with the applicable provisions of the Uniform Code, the governmental agency or department or other person or entity responsible for issuing certificates of occupancy shall not rely upon the presence of the installer's warranty seal, but shall make its own independent determination.

A manufacturer's warranty seal that does not comply with the requirements of this subdivision shall not be deemed to be a valid manufacturer's warranty seal.

No administrative law judge who may subsequently hear the matter shall participate in any such telephone call or meeting or any such investigation. At any time during the informal complaint resolution process, the Department of State may propose a manner in which the complaint may be resolved, in whole or in part. If the complaining party and each responding party agree in writing to accept such proposed resolution, the Secretary of State or his or her designee shall make a consent order reflecting such resolution. Any such consent order shall be final and binding when issued.

The amount of compensation awarded to a complaining party shall not be limited by the amount(s) in the deposit account(s) evidenced by the acceptable deposit account control agreement(s), the amount(s) of the acceptable letter(s) of credit, or the amount(s) of the acceptable surety bond(s) provided by the responding party or parties determined to be liable. A copy of the decision of the administrative law judge shall be provided to each complaining party and each responding party. The decision of the administrative law judge shall be final and binding when issued unless an appeal is taken pursuant to subdivision (h) of this section.

A party upon whom an adverse party has served a memorandum of cross-appeal may, within 15 calendar days of such service, file and serve a memorandum in opposition to cross-appeal. The failure of any party to serve a memorandum in opposition to appeal or memorandum in opposition to cross-appeal shall not be deemed a waiver or admission. The record on appeal shall consist of the complaint, the response or responses to the complaint, evidentiary exhibits from the hearing, the transcript of the hearing, the memorandum of appeal, the memorandum or memoranda in opposition to appeal, any memorandum or memoranda of cross-appeal, and any memorandum or memoranda in opposition to cross-appeal. The Secretary of State or his or her designee may, in his or her discretion, stay the effective date of the decision of the administrative law judge pending the appeal. The Secretary of State or his or her designee may, in his or her discretion, direct that there shall be oral argument on the appeal. Unless so directed, there shall be no oral argument. The Secretary of State or his or her designee shall, based solely on the record on appeal (and oral argument, if any) make a written decision and order which shall:

Any decision and order superseding the decision of the administrative law judge shall include a statement as to why the Secretary of State, or his or her designee, has not confirmed the decision of the administrative law judge. A decision and order of the Secretary of State, or his or her designee, which confirms the decision of the administrative law judge or supersedes the decision of the administrative law judge shall be final and binding unless a party makes a timely application for judicial review pursuant to article 78 of the Civil Practice Law and Rules.

During the course of any such informal pre-complaint dispute resolution process, one or more employees of the Department of State may participate in telephone calls to or from, or meetings with, any party or parties, with or without the participation by or presence of the other party or parties, and the Department of State may conduct such other investigation into the merits of the dispute as the Department of State may deem appropriate; however, no administrative law judge who may subsequently hear the matter shall participate in any such telephone call or meeting or any such investigation.

Provided, however, that the fee for filing an application for a limited certificate shall be $25, and the fee for filing an application for an owner-occupant installer certificate pursuant to section 1210.6(h) (Standards for certification as an installer) of this Part shall be $25.

Provided, however, that the fee for filing an application for renewal of a limited certificate shall be $25.

The fee permitted by this subdivision is the only fee that a manufacturer may charge with respect to a manufacturer's warranty seal; no manufacturer shall “pass-through” to the purchaser of a manufactured home all or any part of any fee paid by the manufacturer under subdivision (e) of this section, or otherwise require the purchaser to pay all or any part of any fee paid by the manufacturer under subdivision (e) of this section.

The fee permitted by this subdivision is the only fee that an installer may charge with respect to an installer's warranty seal; no installer shall “pass-through” to the purchaser of a manufactured home all or any part of any fee paid by the installer under subdivision (f) of this section, or otherwise require the purchaser to pay all or any part of any fee paid by the installer under subdivision (f) of this section.

license shall be deemed to include a certification.

Meetings of the advisory council may be called by the Secretary of State, as chairperson, upon his or her initiative. Meetings of the advisory council shall be called by the Secretary of State upon receipt of a written request therefor signed by not less than three other members of the advisory council. Written notice of the time and place of any such meeting shall be given to each member of the advisory council.