N.Y. General Municipal Law § 381: Director

§ 381. Director. a. The head of the bureau shall be the director who

shall be the chief administrative law judge of the bureau and shall have

all the powers of an administrative law judge pursuant to this section.

The director shall be appointed by the chief executive officer of the

municipality, for a term of five years with the advice and consent of

the legislative body of such municipality. The director shall be

removable only for neglect of duty or misfeasance in office after notice

and an opportunity for a hearing. Once appointed and confirmed, the

director shall serve until his or her term expires and until his or her

successor has been appointed and confirmed. The director shall devote

his or her entire work time to the duties of the office.

b. The director shall be an attorney admitted to practice for at least

five years in the state of New York and shall be knowledgeable on the

subject of administrative law and procedures.

c. The director shall have the power to promulgate rules consistent

with this article for the practice and procedure of the bureau, the

conduct of adjudications and the dismissal or settlement of proceedings.

d. The director shall develop and implement a program of evaluation to

aid in the performance of his or her duties, and to assist in the making

of promotions, demotions or removals. This program of evaluation shall

focus on three areas of performance: competence, productivity and

demeanor. It shall include consideration of: industry and promptness in

adhering to schedules, making rulings and rendering decisions;

tolerance, courtesy, patience, attentiveness, and self control in

dealing with litigants, witnesses and representatives, and in presiding

over adjudicatory proceedings; skills and knowledge of the subject of

administrative law and procedures and new developments therein;

analytical talents and writing abilities; settlement skills; quantity,

nature and quality of case load disposition; impartiality and

conscientiousness. The director shall develop standards and procedures

for this program, which shall include taking comments from selected

litigants and representatives who have appeared before an administrative

judge. The methods used by an administrative judge but not the results

arrived at by the administrative law judge in any case may be used in

evaluating an administrative judge. Before implementing any action based

upon the finding of the evaluation program, the director shall discuss

the findings and proposed action with the administrative law judge;

provided however that the director's authority pursuant to this

subdivision is subject to the provisions of the civil service law and

any applicable collective bargaining agreement.

e. To the extent permitted by law, the director shall publish and make

available to the public all significant decisions rendered by

administrative law judges and all decisions rendered by the

administrative appeals panels. The director may charge a reasonable fee

for a copy of such determination or decision. Whenever any law of

confidentiality prevents the publication of the identity of any of the

parties, an edited version of the decision shall be prepared which shall

not disclose the identities of the protected parties.

f. The director shall collect, compile, and publish statistics and

other data with respect to the operations and duties of the bureau and

submit annually to the the chief executive officer of the municipality,

the legislative body of such municipality, and the public a report on

such operations including but not limited to, the number of hearings

initiated, the number of decisions rendered, the number of partial or

total reversals by the appeals panel, the number of proceedings pending,

and on any recommendations of the bureau of statutory or regulatory

amendments.

g. The director shall study the subject of administrative adjudication

in all its aspects, and develop programs including alternate dispute

resolution and including preliminary or prehearing conferences or

mediation which would promote the goals of fairness, uniformity and

cost-effectiveness.

h. The director shall adopt, promulgate, amend and rescind rules and

regulations to carry out the provisions of this article and the policies

of the bureau in connection therewith. Such rules and regulations shall

substantially comply with article three of the state administrative

procedure act, shall supersede any inconsistent agency rules, and shall

include, but not be limited to, uniform standards and procedures, rules

of practice, standards for determining when an expedited hearing will be

conducted, standards for uncontested proceedings, standards for the

assignment of administrative law judges and their removal from cases,

and for the maintenance of records.

i. The director shall secure, compile and maintain all reports of

administrative law judges issued pursuant to this article, and such

reference materials and supporting information as may be appropriate and

to establish appropriate management information systems.

j. The director shall develop and maintain a program for the

continuing training and education of administrative law judges and

ancillary personnel.