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New York State Department of Labor · 2 days ago

Hearing Officer 1, Assistant Hearing Officer, Assistant Attorney 2 - Albany (NY HELPS)

Albany, NY

Full-time

Hybrid

Mid, Senior Level

1+ years exp

The New York State Department of Labor is seeking a Hearing Officer to provide expert legal adjudicative services for various program areas. The role involves presiding over administrative hearings, analyzing legal issues, and making determinations based on the law and evidence presented.

ConsultingGovernment

Comp. & Benefits

No H1B

Responsibilities

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

Qualification

Admission to NYS BarLegal researchLegal adjudicationDispute resolutionStakeholder relationship management

Required

Admission to NYS Bar

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

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

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

Law degree from an accredited college or university

Preferred

Ability to initiate and maintain relationships across a diverse set of stakeholders

Benefits

13 paid holidays, 5 personal days, and a minimum of 13 vacation days per year

Paid sick leave (CSEA and PEF employees- 13 days; M/C employees- 8 days plus free enrollment into the Income Protection Program for short-term and long-term disability coverage).

Choice of several affordable and competitive health insurance plans

Dental and vision insurance plans at no additional cost

Membership in the NYS Employee’s Retirement System

NYS Deferred Compensation Investment Plan

Eligibility to apply for Public Service Loan Forgiveness (PSLF) (full-time employees)

Eligibility to apply for tuition reimbursement for qualifying employees and courses

Paid Parental Leave