Description:

Role Overview:
The Liability Administrative Law Judge is a position within the Appellate Division of A Government Entity. The position is intended as a hybrid position, meaning that we will have the expectation that the LALJ maintain a full caseload that matches that of a benefit judge; however, within that full caseload, the LALJ will also have liability cases and more complex cases such as wage garnishment and waiver of overpayment cases. The labeling of the position as a liability ALJ comes from the fact that employers are determined to have "liability" for the unemployment coverage for their workforce in the state of Indiana. The issues that a liability administrative law judge hear are defined by statute (IC 22-4-32) and include issues pertaining to:(1) the assessment of contributions, payment in lieu of contributions, surcharge, penalties, and interest; (2) which accounts, if any, benefits paid, or finally ordered to be paid, should be charged; (3) successorships, and related matters arising from a successorship, including but not limited to: (A) the transfer of accounts; (B) the determination of rates of contribution; and(C) determinations under IC 22-4-11.5; (4) claims for refunds of contributions or adjustments; and (5) the definition of employment under IC 22-4-8. The role of LALJ differs from that of regular ALJ with the Department in that the LALJ is not deciding whether or not the claimant is eligible to receive unemployment benefits. For example, the LALJ would be deciding on an employer's protest where an employer is protesting the order and percentages of charges on the employer's experience balance as it relates to other employers in the base period. In general, the Indiana Rules of Trial Procedure and Indiana Rules of Evidence shall govern proceedings before an administrative law judge. Decisions of the Liability Administrative Law Judge are appealable to the Indiana Court of Appeals.

Salary Statement:
The salary for this position traditionally starts at $85,020.00 but may be commensurate with education or work experience.

A day in the life:
The essential functions of this role are as follows:
  • Receive and review electronic case files prior to scheduling hearings.
  • Rule on any pre-hearing motions.
  • Schedule and conduct pre-hearing conferences.
  • Hold administrative hearings as an impartial judge pursuant to Indiana Code, Indiana Administrative Code, and the USDOL Criteria Handbook No. 382.
  • Maintain a full caseload that has a percentage of benefit and liability issues that is subject to fluctuation.
  • Conduct in person and telephone hearings with both represented and unrepresented parties.
  • Obtain all necessary facts in the hearing to create a thorough record that can withstand judicial review at the Court of Appeals.
  • Issue timely decisions consistent with Indiana law.
  • Maintain knowledge of current, applicable law.
  • Review and certify hearing transcripts, when necessary.
  • Some essential functions of this position may be performed onsite at the agency's worksite or other assigned worksites while some essential functions of this position may be eligible for work from home authorization in accordance with policy. Remote work authorization is not automatic and is dependent upon operational needs and agency approval.

The job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee. Other duties, responsibilities and activities may change or be assigned at any time.

This position is exempt from overtime compensation for additional work hours which may be required to complete essential functions or other assigned work. Exempt employees may work more than 75 hours in a pay period without additional compensation and must report a minimum of 75 hours per pay period of work hours and/or paid leave taken to receive their base biweekly salary.

What You'll Need for Success:
The ideal candidate in this role should minimally have
  • A Doctorate of Jurisprudence with 5+ years of legal experience as a practicing attorney;
  • Indiana Bar Admission license in good standing;
  • Demonstrated knowledge and ability to apply relevant statutes, case law, and rules;
  • Ability to effectively communicate both orally and in writing;
  • Ability to successfully utilize a case management system to manage a docket, case information, party information, and serve orders;
  • Strong legal research, writing, and litigation skills.
  • Able to perform essential functions with or without reasonable accommodation.

Difficulty of Work:
As an Attorney you are required to apply laws, court decisions, precedents, and administrative rules that are often ambiguous. Judgment is needed to make decisions or significant compromises. In this position, you must ensure decisions avoid error and are not subject to remand on account of (1) failing to address the issues raised by parties, (2) failing to develop the record as required by Indiana Law, (3) failing to adhere to hearing procedures established by law, (4) failing to be based on substantial evidence, (5) being arbitrary or capricious, and/or (6) being contrary to any constitutional, statutory, or legal principle.

Physical Effort:
This role performs work in an environment where sitting for extended periods of time could be expected.

Working Conditions:
This role performs work in a standard office environment.