ยง 381. Director. a. The head of the bureau shall be the director who
shall be the chief administrative law judge of the bureau and shall have
all the powers of an administrative law judge pursuant to this section.
The director shall be appointed by the chief executive officer of the
municipality, for a term of five years with the advice and consent of
the legislative body of such municipality. The director shall be
removable only for neglect of duty or misfeasance in office after notice
and an opportunity for a hearing. Once appointed and confirmed, the
director shall serve until his or her term expires and until his or her
successor has been appointed and confirmed. The director shall devote
his or her entire work time to the duties of the office.
b. The director shall be an attorney admitted to practice for at least
five years in the state of New York and shall be knowledgeable on the
subject of administrative law and procedures.
c. The director shall have the power to promulgate rules consistent
with this article for the practice and procedure of the bureau, the
conduct of adjudications and the dismissal or settlement of proceedings.
d. The director shall develop and implement a program of evaluation to
aid in the performance of his or her duties, and to assist in the making
of promotions, demotions or removals. This program of evaluation shall
focus on three areas of performance: competence, productivity and
demeanor. It shall include consideration of: industry and promptness in
adhering to schedules, making rulings and rendering decisions;
tolerance, courtesy, patience, attentiveness, and self control in
dealing with litigants, witnesses and representatives, and in presiding
over adjudicatory proceedings; skills and knowledge of the subject of
administrative law and procedures and new developments therein;
analytical talents and writing abilities; settlement skills; quantity,
nature and quality of case load disposition; impartiality and
conscientiousness. The director shall develop standards and procedures
for this program, which shall include taking comments from selected
litigants and representatives who have appeared before an administrative
judge. The methods used by an administrative judge but not the results
arrived at by the administrative law judge in any case may be used in
evaluating an administrative judge. Before implementing any action based
upon the finding of the evaluation program, the director shall discuss
the findings and proposed action with the administrative law judge;
provided however that the director's authority pursuant to this
subdivision is subject to the provisions of the civil service law and
any applicable collective bargaining agreement.
e. To the extent permitted by law, the director shall publish and make
available to the public all significant decisions rendered by
administrative law judges and all decisions rendered by the
administrative appeals panels. The director may charge a reasonable fee
for a copy of such determination or decision. Whenever any law of
confidentiality prevents the publication of the identity of any of the
parties, an edited version of the decision shall be prepared which shall
not disclose the identities of the protected parties.
f. The director shall collect, compile, and publish statistics and
other data with respect to the operations and duties of the bureau and
submit annually to the the chief executive officer of the municipality,
the legislative body of such municipality, and the public a report on
such operations including but not limited to, the number of hearings
initiated, the number of decisions rendered, the number of partial or
total reversals by the appeals panel, the number of proceedings pending,
and on any recommendations of the bureau of statutory or regulatory
amendments.
g. The director shall study the subject of administrative adjudication
in all its aspects, and develop programs including alternate dispute
resolution and including preliminary or prehearing conferences or
mediation which would promote the goals of fairness, uniformity and
cost-effectiveness.
h. The director shall adopt, promulgate, amend and rescind rules and
regulations to carry out the provisions of this article and the policies
of the bureau in connection therewith. Such rules and regulations shall
substantially comply with article three of the state administrative
procedure act, shall supersede any inconsistent agency rules, and shall
include, but not be limited to, uniform standards and procedures, rules
of practice, standards for determining when an expedited hearing will be
conducted, standards for uncontested proceedings, standards for the
assignment of administrative law judges and their removal from cases,
and for the maintenance of records.
i. The director shall secure, compile and maintain all reports of
administrative law judges issued pursuant to this article, and such
reference materials and supporting information as may be appropriate and
to establish appropriate management information systems.
j. The director shall develop and maintain a program for the
continuing training and education of administrative law judges and
ancillary personnel.
Structure New York Laws