§ 322. Failure to obtain or maintain certification. 1. The
commissioner 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
commissioner 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 commissioner that he or she
has completed the one day orientation course; or

(e) to maintain the continuity of any interim certification issued by
the commissioner; or

(f) to complete continuing education as prescribed by the
commissioner, pursuant to subdivision five of section three hundred ten
of this title, for appointive assessors.

2. If, after such hearing, the commissioner 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.

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
commissioner 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
commissioner. 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.

5. In any hearing conducted pursuant to this section, a statement
signed by the secretary of the commissioner or other state office
employee as designated by rule of the commissioner stating that he or
she has made a diligent search of the records of the department and has
found no record, entry or filing of a specified nature, shall be prima
facie evidence that the records of the department contain no such
record, entry or filing.