§ 322 — Failure to obtain or maintain certification

§ 322. Failure to obtain or maintain certification. 1. The\ncommissioner shall conduct a hearing upon notice to the assessor and the\nclerk of the local government for which the assessor serves, such\nhearing to be conducted within the county where the assessing unit is\nlocated no later than thirty days after delivery of such notice, where\nit appears that an assessor has failed:\n (a) within the applicable period to file, with the clerk of the local\ngovernment for which the assessor serves, a certificate of the\ncommissioner stating that he or she has fulfilled the requirements of\nsection three hundred eighteen of this title; or\n (b) to file, with the clerk of the local government for which the\nassessor serves, a temporary certificate as provided in subdivision four\nof this section; or\n (c) to meet the standards required by subdivision four of section\nthree hundred ten of this title for appointive assessors; or\n (d) to file, with the clerk of the local government for which the\nassessor serves, a certificate issued by the commissioner that he or she\nhas completed the one day orientation course; or\n (e) to maintain the continuity of any interim certification issued by\nthe commissioner; or\n (f) to complete continuing education as prescribed by the\ncommissioner, pursuant to subdivision five of section three hundred ten\nof this title, for appointive assessors.\n 2. If, after such hearing, the commissioner finds that an assessor has\nfailed to comply with any applicable requirements as stated in\nsubdivision one of this section, the appointment of that assessor shall\nbe revoked if appointive, or the office of that assessor shall become\nvacant if elective.\n 3. No assessor, once having been so removed from office, shall be\nappointed to the unexpired term of the office from which he or she has\nbeen removed.\n 4. In the event that an assessor shall have been unable to enroll in\nor complete any course of training and education for reasons beyond his\nor her control and as a result thereof, is not certified, the\ncommissioner may issue a temporary certificate which will enable the\nassessor to continue in office pending completion of such course at the\nearliest date when such course is next available as specified by the\ncommissioner. Such temporary certificate shall be filed with the clerk\nof the local government for which the assessor serves and shall permit\nthe assessor to continue in office for the period set forth therein.\nUpon the expiration of such temporary certificate and after a hearing as\nhereinabove provided, the appointment of an assessor shall be revoked in\nthe case of an appointive assessor or such office shall become vacant in\nthe case of an elective assessor unless the assessor has filed a\ncertificate as hereinabove provided.\n 5. In any hearing conducted pursuant to this section, a statement\nsigned by the secretary of the commissioner or other state office\nemployee as designated by rule of the commissioner stating that he or\nshe has made a diligent search of the records of the department and has\nfound no record, entry or filing of a specified nature, shall be prima\nfacie evidence that the records of the department contain no such\nrecord, entry or filing.\n