2023 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.