NY Gen Mun L § 381 (2021)
2021 New York Laws GMU - General Municipal Article 14-BB - Bureaus of Administrative Adjudication 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.