Labor, Department of
This title is part of the New York Hiring for Emergency Limited Placement Statewide program (NY HELPS). For the duration of the NY HELPS Program, this title may be filled via a non-competitive appointment, if they meet the below NY HELPS minimum qualifications.
NY HELPS Minimum Qualifications:
admission to the New York State Bar and two years of post-Bar legal experience in the trial of issues in courts of records or trials of adversarial proceedings, quasi-judicial in nature, before a government agency
It is expected that employees hired under NY HELPS will have their non-competitive employment status converted to competitive status in the future, without having to compete in an examination. Employees will then be afforded all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified. If you are interested in the NY-HELPS program, or this position, you may reply to this vacancy posting, or you may visit the New York State Department of Civil Service website at https://www.cs.ny.gov/help/ (copy and paste in browser) to register today, in three easy steps.
Admission to the New York State Bar and current registration to practice law in New York State is necessary for continued employment. Disbarment or loss of registration shall result in termination or suspension of employment.
REASSIGNMENT QUALIFICATIONS: Current New York State Department of Labor employee with one year or more of permanent, contingent-permanent or 55 b/c service as a Hearing Officer. An employee with less than one year of permanent competitive service is eligible for reassignment to a different geographic location if reachable for appointment in the new location.
52.6 TRANSFER QUALIFICATIONS: Current State employees may qualify for transfer if you have one year of permanent competitive service in a title allocated to a Grade 23 or above and your title is designated “Administrative” under Section 52.6 of the Civil Service Law. *
Transfer candidates must also possess a law degree from an accredited college or university and be able to provide evidence of current registration to practice law in New York State.
Transfer candidates qualify for one consecutive upward transfer of one M grade or two salary grades.
NOTE: A comprehensive list of titles approved for transfer to Hearing Officer is available through Civil Service GOT-IT available at https://careermobilityoffice.cs.ny.gov/cmo/gotit/.
Ability to initiate and maintain relationships across a diverse set of stakeholders.
Standard Duties: Under the general direction of an Associate Attorney, the incumbent:
Review notices relating to administrative proceedings to ensure it adheres to the proper processes and procedures necessary to conduct the hearings and/or appeals pursuant to applicable law and regulations associated with the particular notice at issue.
Ensure that administrative hearings and/or appeals are conducted in a fair and efficient manner.
Act as an impartial, neutral party conducting administrative hearings as the Labor Law requires, prior to the Commissioner of Labor making a final determination. Such hearings may be held by remote means and/or in-person as required or as requested and require the Hearing Officer to evaluate evidence and maintain proper administrative procedures during the process.
Provide recommended reports and/or decisions after hearings and/or written appeals based on the relevant laws and regulations. Rule on motions, receive evidence and testimony.
Issues, or causes to be issued, subpoenas for the attendance of witnesses and the production of necessary books, records and other documents.
Manages hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable statute.
Instructs the parties of their rights; and maintains an atmosphere of fairness, impartiality and due process throughout the administrative proceeding.
Administers oaths and affirmations.
Elicit testimony from parties relative to the issues of the hearing and question witnesses to obtain facts.
Rules on various issues including objections by parties, relevancy and admissibility of evidence and exhibits, and requests for adjournment.
Organizes legal information or records; receives all exhibits produced.
Maintains a record of the hearing proceeding for use in determining the facts and for litigation.
Applies appropriate laws, regulations and policies to the facts and evidence.
Analyzes data to discover facts in case. Research laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions.
Decides the issue being adjudicated as authorized by the applicable statue or rule. Drafts written reports, opinions, and decisions.
Recommends the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions.
May explain to parties how to appeal unfavorable rulings.
Reviews new legislation, regulations and other developments that have an impact on the conduct of hearings or on hearing decisions, and studies court cases having an impact on the hearing process.
May assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs and other supporting document
Conducts mediation and compliance conferences for settlement purposes.
This position is located within the Administrative Adjudications Bureau.
If you are a current NYS employee and have questions regarding salary, please contact the Business Services Center (BSC): 518-457-4272, BSCHR@ogs.ny.gov.
Telecommuting will be discussed in the interview.
To apply for this job please visit statejobsny.com.