N.Y. Real Property Tax Law § 358: Failure to obtain or maintain certification

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

commissioner shall conduct a hearing upon notice to the chief assessor

and the clerk of the city for which the assessor serves, such hearing to

be conducted within the city 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 city

for which the assessor serves, a certificate of the commissioner stating

that he or she has fulfilled the requirements of section three hundred

fifty-four 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

three of this section.

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.

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

or complete any course of continuing 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 city 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 assessor unless the assessor has filed a certificate as

hereinabove provided.

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

signed by 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.