Description:
Role Overview:Administrative Law Judges preside over all docketed proceedings filed with the Indiana Utility Regulatory Commission and are responsible for the day-to-day management of cases assigned to them. To be successful in this position, an Administrative Law Judge must have the ability to communicate technical and legal issues effectively, both verbally and in writing, and to work independently as well as in a team setting. An Administrative Law Judge must possess a Doctor of Jurisprudence and be a member of the Indiana State Bar, in good standing. Administrative Law Judges report to the Chief Administrative Law Judge.
Salary Statement:
The salary for this position traditionally starts at $83,037.00 but may be commensurate with education or work experience.
A day in the life:
Case Management. Administrative Law Judges are responsible for the management and oversight of cases assigned to them by the Commission. Administrative Law Judges should maintain a caseload that reflects matters of varying degrees of complexity commensurate with the Administrative Law Judge's level of experience. To effectively manage their caseload, Administrative Law Judges must:
- Act in a timely manner to initially review assigned files and set matters for a Prehearing Conference or Evidentiary Hearing, as appropriate.
- Memorialize the established procedural schedule through a Docket Entry or circulation of a Prehearing Conference Order for approval by the Commission.
- Ensure that the established procedural schedule is adhered to by the parties (except in the case of appropriate extensions of time or continuances requested by the parties) in order for the case to move toward timely resolution by the Commission.
- Ensure that motions by the parties are made in writing and acted on in writing—typically through the issuance of a Docket Entry. This should be done in a timely manner consistent with requirements and timeframes set forth in the Commission's procedural rules. In acting on motions, the Administrative Law Judge should discuss pertinent issues with the assigned Commissioner, assigned staff, and, as appropriate, the Chief Administrative Law Judge.
- Work cooperatively in a team setting to ensure that routine determinations on standard motions are, to the greatest extent practicable, uniform throughout the Division. In furtherance of this objective, Administrative Law Judges should utilize standardized forms developed within the Division for routine Docket Entries and Prehearing Conference Orders.
- Review all prefiled testimony and exhibits prior to the Evidentiary Hearing and meet with staff and the assigned Commissioner as necessary to review the issues and formulate any appropriate bench questions.
- Following the Evidentiary Hearing, work with assigned staff and the assigned Commissioner to develop an Order that is legally sound and consistent with Commission policy and precedent.
- Major cases or cases involving significant or novel legal issues should be discussed with the Chief Administrative Law Judge who should be kept apprised of the status of the proceedings. In addition, when deemed appropriate by the assigned Commissioner and after receipt of all evidence, the Administrative Law Judge is responsible for scheduling any deliberative sessions.
- Routinely review assigned cases in CRM to ensure that individual case lists accurately reflect cases pending before the Commission. It is the responsibility of the Administrative Law Judge to move cases toward a timely conclusion and matters should not remain pending on an Administrative Law Judge's docket for an extended period of time.
Conduct of Hearings. In conducting hearings before the Commission the Administrative Law Judge must:
- Act as an impartial arbiter of the proceeding and maintain the proper decorum and integrity of the administrative proceeding consistent with the Commission's procedural rules and the Indiana rules of evidence.
- Not prejudge the evidence, act in a manner that exhibits bias toward any party, or results in the appearance of impropriety.
- Through questions from the bench attempt to gain clarification of testimony or exhibits as necessary to ensure the development of an administrative record that will support subsequent action on the part of the Commission based on a clear understanding of the issues presented.
- Consider the evidentiary basis and propriety of settlement agreements submitted by parties, and ask appropriate questions from the bench, in an effort to ensure that the record developed in support of the settlement agreement allows the Commission to fully consider whether the settlement agreement is in the public interest.
Commission Conference and Circulation Deadlines. The Commission considers and acts on Orders at a weekly Conference meeting. Administrative Law Judges are expected to attend all Commission Conferences. Prior to Conference, the Commission typically issues a Draft Agenda on Thursday of the week prior to Conference and a Final Agenda on Monday prior to Conference. Each Administrative Law Judge is required to circulate orders in a manner that ensures that they may be acted on by the Commission within any legally prescribed timeframes.
Continuing Legal Education and Legal Research. It is the responsibility of an Administrative Law Judge to remain in good standing with the Indiana State Bar; comply with all continuing legal education requirements applicable to attorneys in the State of Indiana; and meet additional requirements in the following manner:
- Administrative Law Judges must satisfy the continuing legal education requirements necessary to remain in good standing with the Indiana Bar and to maintain current knowledge of utility law and trends in public utility regulation that may impact issues faced by the Commission.
- While Administrative Law Judges are encouraged to attend the continuing legal education seminars sponsored by the Utility Section of the Indiana Bar Association, they are also encouraged to annually attend specialized seminars regarding specific utility issues.
- Administrative Law Judges must maintain the skills necessary, including utilization of Westlaw, to fully research legal issues presented to the Commission.
- Administrative Law Judges must act in conformance with the Code of Ethics for the IURC Executive Order #93-12 and all statutory and administrative provisions governing the Commission. Judges should also maintain familiarity with, and adhere to, the Commission's ex parte rules and policies as well as ethics rules applicable to employees of the State of Indiana.