Section 731. Appointment of hearing officers  


Latest version.
  • 1. The chief administrator of
      the courts shall appoint  a  panel  of  small  claims  hearing  officers
      selected  from  persons requesting to serve as such hearing officers who
      shall have submitted resumes of qualifications.  Hearing officers to  be
      appointed  to  the  panel  shall  be  qualified  by  training, interest,
      experience, temperament and knowledge of real  property  assessment  and
      valuation  practices and provisions of state and local law governing the
      making of assessments, but need not be attorneys  at  law.    The  chief
      administrator  of  the  court shall randomly assign a hearing officer or
      hearing officers, or may assign a judicial  hearing  officer  designated
      pursuant  to  article  twenty-two  of  the  judiciary law, to conduct an
      informal hearing on the petition for  review  with  the  applicants  for
      small  claims  and a representative of the assessing unit which made the
      assessment sought to be reviewed. Hearing  officers  assigned  shall  be
      familiar  with  the assessing unit in which the real property subject to
      review is located, and shall not possess any  conflict  of  interest  as
      defined  by  the  public officers law with regard to the petitions to be
      heard. Hearing officers shall  be  compensated  for  their  services  in
      accordance   with  a  fee  schedule  to  be  established  by  the  chief
      administrator of the courts.  For purposes of subdivisions two and three
      of this section and  the  other  provisions  of  this  title,  the  term
      "hearing officer" shall include a judicial hearing officer.
        2.  A  hearing  officer  shall  disqualify  himself  or herself from a
      hearing where such officer possesses a conflict of interest  as  defined
      by  the  public officers law. Such hearing officer shall also disqualify
      himself or herself from a hearing  where  such  hearing  officer  has  a
      direct  or  indirect  interest  in any property for which a petition has
      been filed. For the purposes of this title, a hearing officer  shall  be
      deemed to have a direct or indirect interest in any property for which a
      petition  has been filed when the hearing officer, spouse, or any of his
      or her minor children:
        (a) is the owner of such property; or
        (b) is an officer, director, partner or associate of  a  law  firm  or
      real  estate  firm which has a financial interest with the owner of such
      property.
        3. Where a hearing  officer  disqualifies  himself  or  herself,  such
      hearing  officer  shall  notify the chief administrator of the court who
      shall reassign the case to another hearing officer.