Sec. 82-3.5. Appointment of hearing officer in standard and expedited section 3020-a proceedings

(a) Upon receipt of notification of the need for a hearing, the commissioner shall obtain a list of potential hearing officers, together with relevant biographical information from the association. Such list shall consist of individuals selected by the association who are qualified to serve as hearing officers. To be qualified to serve as a hearing officer, an individual shall:

(1) be on the association's panel of labor arbitrators;

(2) be a resident of New York or an adjoining state;

(3) be willing to serve under the conditions imposed by Education Law section 3020-a and this Subpart; and

(4) not be otherwise ineligible to serve pursuant to Education Law, section 3020-a(3)(c)(i).

(b) Within 15 days after receiving the list of potential hearing officers from the commissioner, the parties shall by agreement select a hearing officer and notify the commissioner of their selection.

(c) If the parties fail to notify the commissioner of a selection within the 15 day time period prescribed by subdivision (b) of this section, the commissioner shall appoint a hearing officer from the list. The provisions of this subdivision shall not apply to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section 3020 of the Education Law.

(d) The commissioner shall notify the hearing officer selected pursuant to subdivision (b) or (c) of this section, and confirm his or her acceptance of such selection.

(e) The failure of the hearing officer to confirm his or her acceptance of the selection within three days shall be deemed a waiver of such selection.

(f) If the hearing officer declines or fails to confirm his or her selection, the parties shall select the name of a second hearing officer in the manner provided for in this section, within two days of being notified of the hearing officer’s declination or failure to confirm, or within 15 days of the parties’ receipt of the list of potential hearing officers, which ever is later.

(g) If the parties fail to notify the commissioner of their agreed-upon selection or the second hearing officer declines or fails to confirm his or her selection, within the time periods prescribed in this section, the commissioner shall appoint a hearing officer from the list. The provisions of this subdivision shall not apply in to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to Education Law section 3020.

(h) If at any time the hearing officer, after confirming his or her selection as a hearing officer cannot complete the hearing and needs to be replaced, he or she shall immediately notify the commissioner of the need for a replacement and the reasons therefor; provided that if the hearing officer is incapacitated and unable to notify the commissioner, upon learning of the incapacity of the hearing officer the parties shall provide such notice to the commissioner. If the commissioner determines that the hearing officer needs to be replaced, the commissioner shall notify the parties of their need to select a replacement and if the parties fail to notify the commissioner of their mutually agreed upon replacement within two business days of receipt of such notice from the commissioner, the commissioner shall select the replacement. The provisions of this subdivision shall not apply in to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section 3020 of the Education Law.