Hearing Officer , Assistant Hearing Officer, Assistant Attorney - Albany; NY HELPS

Duties Description

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.

• 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 statute 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.
• Oth…