Section 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.