Hearing Officer or Assistant Attorney or or Assistant Hearing Officer; NY HELPS

Hearing Officer or Assistant Attorney (NY HELPS)

Pay Range: $66,951.00/yr – $/yr

Position Summary

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, such as 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.

Key Responsibilities

• 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 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 and questions witnesses to obtain facts.
• Rules on objections, relevancy and admissibility of evidence, and requests for adjournment.
• Organizes legal information or records; receives and identifies 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, researches laws, regulations, policies and precedent decisions to prepare for hearings and determine conclusions.
• Decides the issue being adjudicated as authorized by the applicable statute or rule.
• Drafts written opinions and decisions; when designated, may issue final and binding hearing decisions.
• Recommends acceptance or rejection of claims or compromise settlements according to laws, regulations, policies and precedent decisions.
• Might explain to parties how to appeal unfavorable rulings.
• Reviews new legislation, regulations and other developments that impact the conduct of hearings or hearing decisions, and studies related court cases.
• Might assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs and other supporting documents.
• Might assist in post‑issuance review of hearing decisions by conducting research and drafting responses to review requests.

Qualifications

• NY HELPS Minimum Qualifications – Candidates may be hired via a non‑competitive appointment if they meet the following criteria, with a transition to competitive status expected within one year.
• 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 trial of issues in courts of record or quasi‑judicial proceedings before a governmental department or agency.
• Assistant Attorney 1 (SG‑18) – Law school graduation and/or eligibility for NYS Bar admission.
• Assistant Attorney 2 (SG‑20) – Admission to NYS Bar.
• Assistant Hearing Officer (SG‑22) – 12 months as an Assistant Attorney 2, or admission to NYS Bar and 12 months of subsequent satisfactory legal experience in trial of issues in courts of record or quasi‑judicial proceedings before a governmental department or agency.
• Competitive qualifications include one year of permanent competitive service in an appropriate title or eligibility for a lateral transfer under Section 52.6 of the Civil Service Law.

Desired Competencies

• Strong decision‑making ability, fairness, impartiality and dedication.
• Passionate, polite, patient, well‑organized, energetic, creative, independent and hardworking.
• Oral advocacy and succinct writing skills; experience with social service benefit programs is helpful but not required.
• Knowledge of OTDA and OAH, including relevant statutes and case law (e.g., NY State Social Services Law…