S T A T E O F N E W Y O R K
________________________________________________________________________
7125
2011-2012 Regular Sessions
I N A S S E M B L Y
April 13, 2011
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Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to local asses-
sors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property tax law is amended by adding a new
section 324 to read as follows:
S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR MAY BE REMOVED FROM
OFFICE FOR JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN ASSESSOR SHALL
BE SUBJECT TO REVIEW BY THE STATE BOARD UPON APPLICATION FILED WITH SUCH
BOARD BY THE ASSESSOR WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF
WRITTEN NOTICE OF SUCH DETERMINATION. THE REVIEW BY THE STATE BOARD
SHALL BE BASED UPON THE RECORD AND A TRANSCRIPT OF THE HEARING HELD BY
THE APPOINTING AUTHORITY AND SUCH ORAL OR WRITTEN ARGUMENT AS MAY BE
PRESENTED TO SUCH BOARD BY THE PARTIES TO THE PROCEEDING. UPON
COMPLETION OF SUCH REVIEW THE STATE BOARD SHALL AFFIRM, REVERSE OR MODI-
FY THE DETERMINATION OF THE APPOINTING AUTHORITY. THE DETERMINATION OF
THE STATE BOARD SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH
THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10628-01-1