Hearing Officer 1, Assistant Hearing Officer, A...

Under the direction of an Associate Attorney and Supervising attorney, a Hearing Officer provides expert legal adjudicative services to the Department of Labor (Department) for the various program areas it serves. These services include, but are not limited to; analyzing legal issues, researching statutes, decisions, opinions, case law and other sources for use in the preparation of issuance of reports and recommendations; determinations and orders. A Hearing Officer will engage in various levels of dispute resolution and will preside over administrative hearings, mediations and/or compliance conferences.
The duties may include, but may not be limited to:

• Review fair hearing requests to determine probable issues and apply the appropriate regulations and sections of law.
• Manages hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable statute.
• Analyzes data to discover facts in case. Research laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions.
• Conduct fair and impartial administrative hearings, on behalf of the Commissioner of Labor. The hearings involve multiple areas of the Labor Law, and include issues such as recovery of wages, revocation or suspension of licenses, violations of state laws, and enforcement of health and safety laws and regulations.
• During hearings, protect due process, instructs parties of their rights, and maintain an atmosphere of fairness, impartiality, serenity and due process.
• Administer oaths and affirmations, issue, or causes to be issued, subpoenas for the attendance of witnesses and the production of necessary books, records and other documents.
• Evaluates evidence, elicit relevant testimony from parties relative to the issues of the hearing, questions witnesses to obtain facts and determine credibility of witness and weight of evidence.
• 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 an official record of the hearing proceeding for use in determining the facts and for litigation. Makes findings of fact and conclusions of law.
• Applies appropriate laws, regulations and policies to the facts and evidence, and draw appropriate conclusions to the issue at hand.
• Decides the issue being adjudicated as authorized by the applicable statue or rule. Drafts written report and recommendations, orders and determinations. •
• Rendering or recommending written decisions, which may require researching court cases, legal interpretations and citations which are pertinent to the issues, and analyzing data and researching laws, regulations, policies, and precedential decisions.
• Complete all assigned hearings and draft timely and accurate recommended decisions with the time prescribed by the Chief Administrative Law Judge.
• Explain to parties how to appeal unfavorable rulings or how to work through the administrative process.
• 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.
• Preside over settlement conferences involving alleged violations of certain worker protection laws which may include laws concerning minimum wage, child labor, safety and health and retaliation.
• Recommends the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions.
• May assist in defending lawsuits regarding hearing decisions in Article 78 Appeals by providing support to the New York State Attorney General's Office in these proceedings by developing the record and reviewing briefs and other supporting documents presented by the Attorney General's Office.
• Review and analyze records to ensure the Department's compliance with applicable laws and regulations related to records access, confidentiality, and personal privacy.
• Conduct legal research of statutes, decisions, opinions, case law and other legal sources in order to reach legal decisions and/or determinations.
• Other legal assignments as may be appropriate.

Additional Duties include:

• Participate in change in organizational transformations, ensuring successful adoption and alignment with strategic objectives
• Engage in technology and innovation by leveraging emerging technologies to optimize processes and enhance customer experiences
• Proactively manage relationships with key stakeholders internally and externally
• Think strategically about current and future organizational needs
• Adapt to shifting priorities
• Participate in the comprehensive process of implementing changes, ensuring smooth transitions, effective communication, and minimal disruption
• Proactively identify, address, and resolve conflicts to foster constructive dialogue and a productive, collaborative work environment
• Analyze issues, make sound judgments, and implement effective solutions to drive positive outcomes
• Proactively identify potential challenges and identify preventative solutions
• Take part in team collaboration and achieve agency objectives
• Effectively convey information, ideas, and expectations to diverse audiences through various channels, ensuring clarity and understanding
• Foster an inclusive and equitable environment that values and leverages the strengths of a diverse workforce
• Ensure exceptional customer service by proactively addressing needs and expectations
• Demonstrate self-awareness and empathy to effectively manage relationships, build trust, and foster productive interactions
• Uphold the highest standards of ethical conduct and professional integrity in all actions and decisions
• Maintain and apply an understanding of relevant technologies and digital tools to optimize performance and drive innovation

Minimum Qualifications

Qualified candidates should copy the below web address into your browser to complete the online application for the Department of Labor.

https://on.ny.gov/apply2dol

NY-HELPS NON-COMPETITIVE MINIMUM QUALIFICATIONS:
Qualifications for Assistant Attorney 2:
Admission to NYS Bar

Qualifications for Assistant Hearing Officer:
12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or agency

Qualifications for Hearing Officer 1:
Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or 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.

COMPETITIVE MINIMUM QUALIFICATIONS:
To be considered for this position, a review of your state history is needed. Please provide the last four digits of your social security number in your email response or on your resume. If you are not comfortable providing this information in your response, a representative from our office will contact you via phone.

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.

Candidates reachable on the Civil Service Eligible list(s) will be canvassed. However, you may also apply if you are eligible for appointment by one of the following qualifications:
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/goti

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