This class is responsible for professional, quasi judicial work conducting public hearings under state statutes and regulations.
Nature and Scope
Incumbent conducts public hearings consistent with established department policies and procedures; determines whether the hearing record is sufficiently complete and takes necessary action. Directs the post hearing phase by requiring briefing on legal issues and submission of additional factual information as needed. Prepares clear and concise hearing officer's reports and makes recommendations to the Secretary along with a draft order for the Secretary's consideration. The work is done without supervision except for preliminary discussions with the Secretary or division director, as needed, relating to the significance of the matter being considered. Typically, the impact of a given decision may affect a significant segment of public and private interest within the state in economic, political and social terms.
Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class. Since class specifications are descriptive and not restrictive, incumbents can complete job duties of similar kind not specifically listed here.
Act as Hearing Officer for public hearings on applications for various types of permits including coastal zone, hazardous waste, air resources and on variance requests, conciliation proceedings and adoption of regulations; or acts as Hearing Officer on adoption of regulations regarding health care facilities.
Prepare public notices under appropriate statutory and regulatory requirements and schedule and conduct pre hearing conferences to sort out and analyze extremely complex legal and factual issues.
Conduct hearings; rule on matters of law; build a clear and complete record for decision making purposes and, where necessary, subpoena witnesses and conduct examinations of witness to complete the record, and prepare written decisions.
Prepare reports to the Secretary together with an appendix listing and summarizing all exhibits of record; provide written recommendations to the Secretary on the disposition of any given matter and submits a proposed order for the Secretary's consideration regarding regulations and other policy matters.
Drafts legislation, regulations and contracts.
Knowledge, Skills and Abilities
The intent of the listed knowledge, skills and abilities is to give a general indication of the core requirements for all positions in the class series; therefore, the KSA’s listed are not exhaustive or necessarily inclusive of the requirements of every position in the class.
Knowledge of evidence, civil procedure, constitutional and administrative law.
Knowledge of the methods and techniques of legal research and legal report preparation.
Knowledge of the provisions and policies embodied in various Environmental Protection or Health Care statutes as well as the programs promulgated thereunder at both the federal and state level.
Skill in eliciting information.
Skill in performing legal research.
Ability to render decisions based on testimony given, evidence presented and applicable laws and precedents set.
Ability to establish and maintain effective working relationships with other employees, counsel, representatives of private industry, environmental groups or consumer groups, and the general public.
Ability to communicate effectively in oral and written form.
Ability to interpret and apply policy, regulations, and precedent decisions.
JOB REQUIREMENTS for Senior Public Hearing Officer Applicants must have education, training and/or experience demonstrating competence in each of the following areas:
Possession of a J.D., LLB or related degree.
Three years experience in presiding over regulatory hearings in quasi-judicial or judicial proceedings.
Three years experience in analyzing and evaluating public policies to make recommendations to management based on findings.
Three years experience in legal research which includes researching statutes, regulations, case law and background information.
Three years experience in interpreting and applying laws, rules, regulations, standards, policies, and procedures.
Possession of a valid Driver's License (not suspended, revoked or cancelled, or disqualified from driving).