(a) When it shall appear to the commissioner or the commissioner’s designee that there is a material inaccuracy in an employer’s reporting of the reason an officer ceased to serve, as received by the commissioner pursuant to section 845(b)(2) of the Executive Law, the commissioner shall attempt to resolve the perceived inaccuracy. If such attempt does not promptly resolve the discrepancy, the commissioner shall issue a notice to the employer and the officer who is the subject of such notification of the commissioner’s intent to amend the inaccuracy of such record.

1. (1) Within 15 days of the receipt of said notice, the employer or the officer may forward to the commissioner a written request for a hearing to be held by the council to consider the accuracy of the agency’s reporting of the reason an officer ceased to serve. The commissioner shall forward the request to the council. The failure of the employer or officer to timely request a hearing shall not preclude the commissioner from correcting said material inaccuracy.
2. (2) Such hearing shall be held at the next meeting of the council or subsequent meeting or special meeting of the council. At least 15 days before the next meeting, the council shall give to the employer or officer written notice by mail of the time and place of said meeting, wherein a hearing shall be held to consider the accuracy of said notification. The employer or officer may be represented at the hearing by counsel and may produce any evidence to support their position.
3. (3) The hearing shall be conducted in accordance with the provisions of the State Administrative Procedure Act. Following deliberation, and in accordance with the open meetings law established by article 7 of the Public Officers Law, the council shall submit its recommendation to the commissioner. Following receipt of the council’s recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the employer and the officer the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council’s recommendation.