N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8187-1.10 - Evidence in training and certification proceedings

(a) In any proceeding relating to the failure of an assessor, county director of real property tax services or other local government employee to complete the training required by Part 8188 of this Title:

(1) A certificate duly signed by the commissioner, or his or her designee, having knowledge of the records kept in the ordinary course of business stating that the records of ORPTS have been diligently searched and that one or more of the types of certificates described below have not been issued to the respondent, shall be admitted into evidence without need for any foundation in a manner similar to that provided in section 4521 of the Civil Practice Law and Rules and shall be prima facie evidence of the fact that such a certificate has not been issued.

(i) a certificate of completion of the basic course of training;

(ii) an interim certificate allowing continuance in office for a required time period;

(iii) a temporary certificate; or

(iv) a certificate of completion of an orientation seminar.

(2) A certificate signed by a clerk or other officer of a municipal corporation having legal custody of the records of such municipal corporation stating that a diligent search of such records has been made and that no record of entry of any unexpired certificate of the type described in subparagraph (1)(i) of this subdivision has been found shall be admissible without any foundation in a manner similar to that provided in section 4521 of the Civil Practice Law and Rules and shall be prima facie evidence of the fact stated therein.

(b) Nothing in this section shall be construed to preclude the offer of any other evidence by ORPTS.

(c) Nothing in subdivision (a) of this section shall be construed to preclude a respondent from offering evidence to prove compliance with training and certification requirements or to prove that a failure to attain certification or interim certification was due to reasons beyond his control.

(d) Where a respondent in a proceeding described in subdivision (a) of this section waives his right to attend the hearing and is not represented by an attorney at such hearing, he may submit a sworn affidavit containing his statement relating to the matter to the hearing officer with a copy to ORPTS, and this written submission shall be made part of the record. Where such a written statement is submitted directly to the commissioner or ORPTS prior to the hearing, it shall be forwarded to the hearing officer for his consideration. ORPTS shall have the right to offer oral or written argument relating to such a submission to the hearing officer provided that if such argument is made in writing ORPTS shall mail a copy to the respondent.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.10