2016 New York Laws
GMU - General Municipal
Article 14-BB - (General Municipal) BUREAUS OF ADMINISTRATIVE ADJUDICATION
381 - Director.

  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 mayor of such city for a term of
  five years with the advice  and  consent  of  the  common  or  municipal
  council.  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 mayor, the city council 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.