§ 358. Failure to obtain or maintain certification. 1. The
commissioner 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 commissioner 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 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.

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 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 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.

4. In any hearing conducted pursuant to this section, a statement
signed by 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.