Section 2010. Administrative law judges  


Latest version.
  • 1. The tax appeals tribunal shall
      appoint administrative law judges who shall be authorized to conduct any
      hearing or motion procedure authorized to be held within the division of
      tax appeals. Administrative law judges shall be in the classified  civil
      service.
        2. The tax appeals tribunal acting in cooperation with the state civil
      service commission shall establish standards to govern the selection and
      appointment  of  administrative  law  judges.  These  standards shall be
      designed to assure that persons appointed as administrative  law  judges
      have  the  ability  to  conduct  administrative adjudicatory proceedings
      fairly  and  impartially.  These  standards  shall  not  require   prior
      experience in the department of taxation and finance.
        3.  An  administrative  law judge shall render a determination after a
      hearing, within six months after  submission  of  briefs  subsequent  to
      completion  of such a hearing or, if such briefs are not submitted, then
      within six months after completion of such a  hearing.  Such  six  month
      period  may  be extended by the administrative law judge, for good cause
      shown, to no more than three additional months.  If  the  administrative
      law  judge  fails to render a determination within such six month period
      (or  such  period  as  extended  pursuant  to  this  subdivision),   the
      petitioner  for  such  hearing  may institute a proceeding under article
      seventy-eight of the civil practice law and rules to compel the issuance
      of such determination.
        4. A determination issued by an administrative law judge shall finally
      decide the matters in controversy unless any party to the hearing  takes
      exception  by  timely requesting a review by the tax appeals tribunal as
      provided for in section two thousand six of this article.
        5. Determinations issued by administrative law  judges  shall  not  be
      cited,  shall  not  be considered as precedent nor be given any force or
      effect in any other proceedings conducted pursuant to the  authority  of
      the division or in any judicial proceedings conducted in this state.