N.Y. Comp. Codes R. & Regs. Tit. 22 § 36.3 - Procedure for appointment
(a)
Application for appointment. The Chief Administrator shall provide for the
application by persons seeking appointments pursuant to this Part on such forms
as shall be promulgated by the Chief Administrator. The forms shall contain
such information as is necessary to establish that the applicant meets the
qualifications for the appointments covered by this Part and to apprise the
appointing judge of the applicant's background.
(b) Qualifications for appointment. The Chief
Administrator shall establish requirements of education and training for
placement on the list of available applicants. These requirements shall
consist, as appropriate, of substantive issues pertaining to each category of
appointment- including applicable law, procedures, and ethics-as well as
explications of the rules and procedures implementing the process established
by this Part. Education and training courses and programs shall meet the
requirements of these rules only if certified by the Chief Administrator.
Attorney participants in these education and training courses and programs may
be eligible for continuing legal education credit in accordance with the
requirements of the Continuing Legal Education Board.
(c) Establishment of lists. The Chief
Administrator shall establish separate lists of qualified applicants for each
category of appointment, and shall make available such information as will
enable the appointing judge to be apprised of the background of each applicant.
The Chief Administrator may establish more than one list for the same
appointment category where appropriate to apprise the appointing judge of
applicants who have substantial experience in that category. Pursuant to
section
81.32
(b) of the Mental Hygiene Law, the Presiding
Justice of the appropriate Appellate Division shall designate the qualified
applicants on the lists of court examiners established by the Chief
Administrator.
(d) Registration.
The Chief Administrator shall establish a procedure requiring that each person
on a list reregister every two years in order to remain on the list.
(e) Removal from lists. The Chief
Administrator may remove any person from any list for unsatisfactory
performance or any conduct incompatible with appointment from that list, or if
disqualified from appointment pursuant to this Part. A person may not be
removed except upon receipt of a written statement of reasons for the removal
and an opportunity to provide an explanation and to submit facts in opposition
to the removal.
(f) Notwithstanding
section 36.3(e), pending
a final determination on the issue of removal, the Chief Administrator may
temporarily suspend any person from any list upon a showing of good cause that
the person's conduct places clients or wards at significant risk of financial
or other harm, or presents an immediate threat to the public.
Notes
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