|
|
Court OpinionsState LawsUS CodeUS Constitution |
New York Real Property Tax Law Section 322 - Failure To Obtain Or Maintain Certification.Legal Research Home > New York Lawyer > Real Property Tax > New York Real Property Tax Law Section 322 - Failure To Obtain Or Maintain Certification.
§ 322. Failure to obtain or maintain certification. 1. The state board
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 state
board 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 state board that he or she
has completed the one day orientation course; or
(e) to maintain the continuity of any interim certification issued by
the state board; or
(f) to complete continuing education as prescribed by the state board,
pursuant to subdivision five of section three hundred ten of this title,
for appointive assessors.
2. If, after such hearing, the state board 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. For purposes of the notification requirement of
section thirty-five of the public officers law, the chairman of the
state board shall be deemed to be the president of such board, and the
secretary of the state board shall be deemed to be the clerk of such
board.
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 state
board 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 state board.
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. For purposes of the notification
requirement of section thirty-five of the public officers law, the
chairman of the state board shall be deemed to be the president of such
board, and the secretary of the state board shall be deemed to be the
clerk of such board.
5. In any hearing conducted pursuant to this section, a statement
signed by the secretary of the state board or other state office
employee as designated by rule of the state board stating that he or she
has made a diligent search of the records of the state board and has
found no record, entry or filing of a specified nature, shall be prima
facie evidence that the records of the state board contain no such
record, entry or filing.
Last modified: August 26, 2006 |