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New York Real Property Tax Law Section 358 - Failure To Obtain Or Maintain Certification.

Legal Research Home > New York Lawyer > Real Property Tax > New York Real Property Tax Law Section 358 - Failure To Obtain Or Maintain Certification.

    * § 358.  Failure  to  obtain or maintain certification. 1. The state
  board shall conduct a hearing upon notice to the chief assessor and  the
  clerk  of  the  city  for  which the assessor serves, such hearing to be
  conducted within the city 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 city
  for which the assessor serves, a certificate of the state board  stating
  that  he  or she has fulfilled the requirements of section three hundred
  fifty-four 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
  three of this section.
    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.  For  purposes  of  the notification requirement of section
  thirty-five of the public officers law, the  chairperson  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.  In  the event that an assessor shall have been unable to enroll in
  or complete any course of continuing 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  city 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  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 chairperson 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.
    4. 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.
    * NB Effective April 1, 2006

Last modified: August 26, 2006