Section 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.