N.Y. Real Property Tax Law § 322: Failure to obtain or maintain certification

§ 322. Failure to obtain or maintain certification. 1. The

commissioner shall conduct a hearing upon notice to the assessor and the

clerk of the local government for which the assessor serves, such

hearing to be conducted within the county where the assessing unit is

located no later than thirty days after delivery of such notice, where

it appears that an assessor has failed:

(a) within the applicable period to file, with the clerk of the local

government for which the assessor serves, a certificate of the

commissioner stating that he or she has fulfilled the requirements of

section three hundred eighteen of this title; or

(b) to file, with the clerk of the local government for which the

assessor serves, a temporary certificate as provided in subdivision four

of this section; or

(c) to meet the standards required by subdivision four of section

three hundred ten of this title for appointive assessors; or

(d) to file, with the clerk of the local government for which the

assessor serves, a certificate issued by the commissioner that he or she

has completed the one day orientation course; or

(e) to maintain the continuity of any interim certification issued by

the commissioner; or

(f) to complete continuing education as prescribed by the

commissioner, pursuant to subdivision five of section three hundred ten

of this title, for appointive assessors.

2. If, after such hearing, the commissioner finds that an assessor has

failed to comply with any applicable requirements as stated in

subdivision one of this section, the appointment of that assessor shall

be revoked if appointive, or the office of that assessor shall become

vacant if elective.

3. No assessor, once having been so removed from office, shall be

appointed to the unexpired term of the office from which he or she has

been removed.

4. In the event that an assessor shall have been unable to enroll in

or complete any course of training and education for reasons beyond his

or her control and as a result thereof, is not certified, the

commissioner may issue a temporary certificate which will enable the

assessor to continue in office pending completion of such course at the

earliest date when such course is next available as specified by the

commissioner. Such temporary certificate shall be filed with the clerk

of the local government for which the assessor serves and shall permit

the assessor to continue in office for the period set forth therein.

Upon the expiration of such temporary certificate and after a hearing as

hereinabove provided, the appointment of an assessor shall be revoked in

the case of an appointive assessor or such office shall become vacant in

the case of an elective assessor unless the assessor has filed a

certificate as hereinabove provided.

5. In any hearing conducted pursuant to this section, a statement

signed by the secretary of the commissioner or other state office

employee as designated by rule of the commissioner stating that he or

she has made a diligent search of the records of the department and has

found no record, entry or filing of a specified nature, shall be prima

facie evidence that the records of the department contain no such

record, entry or filing.