§ 358 — Failure to obtain or maintain certification

New York § 358

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 3: Assessors and Assessor Training In Cities With a Population of Five Million or More
• Art. 3: Taxable Real Property and Standard of Assessment

Text

§ 358. Failure to obtain or maintain certification. 1. The\ncommissioner shall conduct a hearing upon notice to the chief assessor\nand the clerk of the city for which the assessor serves, such hearing to\nbe conducted within the city where the assessing unit is located no\nlater than thirty days after delivery of such notice, where it appears\nthat an assessor has failed:\n (a) within the applicable period to file, with the clerk of the city\nfor which the assessor serves, a certificate of the commissioner stating\nthat he or she has fulfilled the requirements of section three hundred\nfifty-four 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\nthree of this section.\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.\n 3. In the event that an assessor shall have been unable to enroll in\nor complete any course of continuing training and education for reasons\nbeyond his or her control and, as a result thereof, is not certified,\nthe commissioner 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 city for which the assessor serves and shall permit the assessor\nto continue in office for the period set forth therein. Upon the\nexpiration of such temporary certificate and after a hearing as\nhereinabove provided, the appointment of an assessor shall be revoked in\nthe case of an assessor unless the assessor has filed a certificate as\nhereinabove provided.\n 4. In any hearing conducted pursuant to this section, a statement\nsigned by the commissioner stating that he or she has made a diligent\nsearch of the records of the department and has found no record, entry,\nor filing of a specified nature, shall be prima facie evidence that the\nrecords of the department contain no such record, entry, or filing.\n