NY Real Prop Tax L § 322 (2021)
2021 New York Laws RPT - Real Property Tax Article 3 - Taxable Real Property and Standard of Assessment Title 2 - Assessors and Assessor Training 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.