2023 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.