Hearing Officer or Assistant Attorney 1 or 2 or Assistant Hearing Officer (NY HELPS)

Hearing Officers will serve as Administrative Law Judges presiding over impartial hearings for applicants and recipients of, social services benefit programs administered by OTDA and other Executive agencies (e.g., the Department of Health’s Medicaid program, the Office of Children and Family Services’ foster care and childcare programs, and the Office for People with Developmental Disabilities waiver programs).

Duties include but are not limited to the following:

• Reviews requests for hearings to determine probable issues and apply the appropriate regulations and sections of law.
• Directs the attendance of witnesses and the production of necessary books, records and other documents.
• Manages hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable statute.
• Conducts hearings to review and/or decide appeals from agency determinations, claims regarding issues such as eligibility for benefits, discontinuance, denial, adequacy, or reduction of benefits, revocation or suspension of licenses, violations of State laws, and enforcement of health and safety laws and regulations.
• Instructs the parties of their rights; and maintains an atmosphere of fairness, impartiality and due process.
• Administers oaths and affirmations.
• Elicits testimony from parties relative to the issues of the hearing and questions witnesses to obtain facts.
• 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 and identified all exhibits produced and enters admissible evidence into the record.
• Maintains a record of the hearing proceeding.
• Applies appropriate laws, regulations and policies to the facts and evidence.
• Analyzes data to discover facts in case. Research laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions.
• Decides the issue being adjudicated as authorized by the applicable statue or rule.
• Drafts written opinions and decisions. When designated, may issue final and binding hearing decisions.
• Recommends the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions.
• May explain to parties how to appeal unfavorable rulings.
• 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.
• May assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs and other supporting documents.
• May assist in post issuance review of hearing decisions by conducting research and drafting responses to review requests.

Minimum Qualifications

NY HELPS: This title is part of the New York Hiring for Emergency Limited Placement Statewide program (NY HELPS). For the duration of the NY HELPS Program, candidates may be hired via a non-competitive appointment if they meet the below NY HELPS minimum qualifications.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, 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.

Non-Competitive Qualifications:

• Hearing Officer 1 (SG-25): 12 months as an Assistant Hearing Officer, or 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
• Assistant Attorney 1 (NS equated to SG-18): Law school graduation and/or eligibility for NYS Bar Admission,
• Assistant Attorney 2 (NS equated to SG-20): Admission to NYS Bar,
• Assistant Hearing Officer (NS equated to SG-22): 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.

Competitive Qualifications:

Eligible for a lateral transfer or eligible for transfer under Section 52.6 of the Civil Service Law by having one year of permanent competitive service in an appropriate title. Information regarding transfer eligibility is available on the Civil Service Career Mobility Office website at https://careermobilityoffice.cs.ny.gov/cmo/gotit/

Please note: Titles which require special qualifications must also meet the following criteria:

• Hearing Officer 1 (SG-25): 12 months as an Assistant Hearing Officer, or 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,
• Assistant Attorney 1 (NS equated to SG-18): Law school graduation and/or eligibility for NYS Bar Admission,
• Assistant Attorney 2 (NS equated to SG-20): Admission to NYS Bar,
• Assistant Hearing Officer (NS equated to SG-22): 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,

Desired Competencies:

• The Office of Administrative Hearings (OAH) seeks the best candidates for positions across New York State. OAH needs decision-makers - like you - fair, impartial, and dedicated. Research shows that women and people from under-represented groups often apply to jobs only if they meet 100% of the desired competencies. We encourage you to apply even if you do not believe you meet all the desired competencies.
• OAH wants to represent every segment of New York State’s population. If you are looking to make a direct impact in the lives of New York State’s most vulnerable population, this might be the next role for you.
• Ideal candidates are passionate, polite, patient, have a strong academic background, and can handle a fast-paced workload. It helps to be energetic, creative, well-organized, independent, hard-working, personable, with oral advocacy and succinct writing skills. Experience with social service benefit programs is helpful but not necessary. Hearing Officers produce “signature ready” decisions after completing hearings. OAH’s training program includes administrative and substantive law, writing, and how to create a full record while presiding over administrative hearings.
• Successful candidates should research OTDA and OAH before submitting cover letters and resumes. We recommend reviewing the OTDA and OAH websites, New York State Social Services Law Section 22 et seq., 18 NYCRR 358 et seq., Goldberg v. Kelly, 397 US 254 (1970), and Executive Order 131 issued by Governor Mario Cuomo on December 4, 1989.