Hearing Examiner - VID 228866

The Hearing Examiner will report to the Chief Hearing Examiner and serve as an integral member of the Office of Administrative Hearings.

The Hearing Examiner will be responsible for presiding at administrative hearings of an adversarial nature including, but not limited to, preparing post-hearing proposed findings of fact, proposed conclusions of law, and proposed recommendations for review by the Cannabis Control Board.

Duties include, but are not limited to:

• Preside over administrative hearings requested by applicants, licensees, or others subject to the jurisdiction of the Cannabis Control Board or the Office of Cannabis Management.
• Preside over administrative hearings scheduled by the Office of Cannabis Management concerning alleged violations of the Cannabis Law and enforcement thereof.
• Maintain fairness, impartiality, and due process, as set forth in the NY State Administrative Procedure Act and the agency’s applicable rules and regulations, for all parties present at a hearing.
• Manage hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable requirements.
• Apply relevant regulations and laws.
• Issue, or cause to be issued, subpoenas for the attendance of witnesses and the production of necessary books, records, and other documents.
• Administer oaths and affirmations, including examining witnesses under oath.
• Rule on various interlocutory issues including objections by parties, relevancy and admissibility of evidence and exhibits, and due dates for submissions by the parties and requests for extensions of time or adjournments.
• Review and consider case law, legislation, regulations, executive orders, testimony, submissions by the parties, and other legal materials for purposes of making interlocutory rulings, preparing post-hearing proposed findings of fact, proposed conclusions of law, and proposed recommendations for review by the Cannabis Control Board.
• Maintain an organized record of the hearing proceeding.
• Work with or supervise Legal Assistants.
• Upon conclusion of administrative proceedings, render final decisions.
• Keep current on rules and regulations, changes to the law, administrative directives, etc.
• Perform other tasks as assigned.

Minimum Qualifications

Candidates must be admitted to the New York State Bar, currently in good standing, and have four years of post-Bar legal experience in the trial of issues in courts of records or trials of adversarial proceedings, quasi-jurisdictional in nature, before a government agency.

Note:

In Order to Award the Proper Credit for Work

EXPERIENCE, RESUMES MUST INCLUDE MONTH AND YEAR FOR START AND END DATES.

If Any of This Experience Is Less Than Full Time You Must

INDICATE THE AVERAGE NUMBER OF HOURS WORKED PER WEEK.

Additional Information

Note:

• Travel may be required (approximately 5%), including during evening and weekends, depending on mission and assignment.
• Possession and maintenance of a valid Driver’s License issued by the NYS Department of Motor Vehicle is required or otherwise demonstrate the capacity to meet the transportation needs of the job.

The Office of Cannabis Management (OCM) is an equal opportunity employer, and we recognize that diversity in our workforce is critical to fulfilling our mission. We encourage applicants from all communities to apply. For a full version of OCM’s EEO/AA statement and benefits of joining OCM, please visit: About | Office of Cannabis Management (ny.gov).

NYS Office of Cannabis Management does not participate in E-Verify and does not sponsor visa applications.

Note On Telecommuting:

Employees are required to apply and obtain approval through management to telecommute according to the agency’s Telecommuting Program Guidelines.