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ProfileAdministrative Law Judge 2 The candidate in the position conduct timely, fair, and impartial contested case hearings, and issue timely and legally sufficient orders. Individuals in this position work under minimal supervision with considerable latitude for initiative and independent judgment. Individuals in this position preside over hearings, ensuring that a complete record is developed and write orders accurately deciding all factual and legal issues. They hold a majority of their hearings for the Department of Human Services (DHS) and Oregon Health Authority (OHA), including Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Child Welfare (Level of Care), Employment Related Day Care (ERDC), Medicaid, In-Home Services, Criminal History - Background Check Unit (BCU), and licensing/civil penalty cases. This position may also conduct hearings for other agencies. In most hearings conducted by individuals in this position, the agency participates and is represented by a lay representative. Usually, there are no witnesses other than the agency representative. The appealing party is typically unrepresented and the sole witness on his or her behalf. But, in some cases, attorneys represent the agency and/or the requesting party and each may present multiple witnesses. The factual and legal issues heard by individuals in this position are generally of moderate complexity. However, in some cases, the facts may be complicated with multiple legal issues requiring extensive legal analysis and research. Individuals in this position may also be required to understand, evaluate and apply expert testimony to resolve factual and legal issues. Periodically preside over prehearing conferences. Hearing files may be voluminous, and individuals in this position are required to thoroughly review the file and conduct legal research as necessary prior to the conference or hearing. In some cases, individuals in this position must issue prehearing rulings on discovery, procedural, and evidentiary motions. Individuals in the position take an active role in the hearing. Explain the law and procedure at the start of hearings and develop and organize the hearing record. Write orders that involve eligibility for cash, food, medical, day care, and foster care benefits and the authorization to work for certain employers. Individuals in this position also write orders regarding collections of overpayments and whether to allow the Oregon State Hospital to administer significant procedures to patients without their consent. Because of the sensitive subject matter of hearings held by individuals in this position, (e.g. an individual could go without food, shelter or medical, or be unable to work assistance if a decision is delayed) they must consistently meet order issuance time lines established by statute and rule. In writing orders, individuals in this position identify the issue(s) decided by the hearing and review all documents and testimony submitted into evidence. Consider legal arguments of parties and/or their attorneys, and reconcile conflicting testimony. Individuals in this position make jurisdictional and evidentiary findings as required and conduct legal research of applicable statutes, administrative rules, and case law. Individuals in this position submit orders for peer review and are available to peer review orders for colleagues. Maintain knowledge of relevant law, attend OAH meetings, internal and external training and perform other duties as assigned. Will be required to perform duties in a manner which promotes customer service and harmonious working relationships, treating all people courteously and respectfully. Will be expected to engage in effective team participation through willingness to assist and support colleagues and managers. Must develop good working relationships with OAH staff through active participation in accomplishing group projects and identifying and resolving problems in a constructive manner. Must demonstrate openness to constructive feedback and suggestions in order to strengthen work performance, contributing to a positive, respectful, courteous and productive workplace atmosphere.
Qualification and Experience
The candidate should have completed Graduation from an accredited law school with a LL.B. or J.D. degree and one year of experience conducting contested case hearings or as a trial lawyer; OR 5 years experience conducting contested case hearings. Should have experience preparing and/or presenting cases before an administrative hearing or preparing written administrative decisions based on laws and regulations may be substituted on a year-for-year basis for 0-2 years of conducting contested case hearings experience. Preference will be given to applicants who have gained the required contested case hearing experience by presiding over contested case hearings at OAH. Federal Quality Appraisals (FQA) and performance evaluations may be reviewed as part of the selection process. Should have ability to consistently produce high quality work product while tracking multiple, short deadlines and heavy workload.
JOB CODE: EMP17-0148oc.