Job Title
Hearing Officer or Assistant Attorney 1 or 2 or Assistant Hearing Officer (NY HELPS)
Job Responsibilities
Hearing Officers serve as Administrative Law Judges presiding over impartial hearings regarding social services benefit programs administered by the Office of Temporary and Disability Assistance (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.
Duties include but are not limited to:
• Conducting hearings to review and/or decide appeals arising from agency eligibility, denial, discontinuance, reduction, and/or adequacy of social services benefit program determinations.
• Presiding over hearings addressing fraud, license revocation or suspension, violations, or health and safety enforcement.
• Reviewing fair hearing requests, determining probable issues, and applying appropriate regulations and laws.
• Issuing subpoenas for the attendance of witnesses and the production of necessary documents.
• Completing assigned hearings and drafting timely and accurate recommended decisions.
• Protecting due process, reminding parties of their rights, and maintaining fairness, impartiality, and serenity during hearings.
• Administering oaths and affirmations, eliciting relevant testimony, and questioning witnesses.
• Ruling on various issues including objections, evidence, and adjournments.
• Reviewing and approving settlements.
• Organizing legal information and records, developing and maintaining a complete hearing record, determining credibility, applying laws, regulations, and policies to facts and evidence, and drawing appropriate conclusions.
• Analyzing data, researching laws, regulations, policies, and precedential decisions, and drafting written opinions and decisions.
• Explaining how parties may appeal unfavorable rulings when appropriate.
• Reviewing new legislation, regulations, case law, and other developments potentially impacting social services benefit programs or administrative hearings.
• Assisting in defending lawsuits regarding hearing decisions by conducting research and drafting briefs and other supporting documents.
Education and Experience Information
Minimum Qualifications for NY HELPS:
This title is part of the New York Hiring for Emergency Limited Placement Statewide program (NY HELPS). Candidates may be hired via a non-competitive appointment if they meet the below NY HELPS minimum qualifications.
Non-Competitive Qualifications:
• Hearing Officer 1: 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: Law school graduation and/or eligibility for NYS Bar Admission.
• Assistant Attorney 2: Admission to NYS Bar.
• Assistant Hearing Officer: 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 lateral transfer or eligible for transfer under Section of the Civil Service Law by having one year of permanent competitive service in an appropriate title.
Desired Competencies:
The Office of Administrative Hearings seeks candidates who are fair, impartial, and dedicated. Ideal candidates are passionate, polite, patient, have a strong academic background, and can handle a fast-paced workload. Experience with social service benefit programs is helpful but not necessary. Candidates should possess oral advocacy and succinct writing skills.
Salary Information
Salary Range: From $66,951 to $121,413 Annually
Additional Information
Full-time permanent appointments will be made. Hearing Officers are expected to travel to various locations to conduct hearings, including residences as assigned. Telecommuting up to 50% may be available in accordance with OTDA policy and can be discussed during the interview.
Working for New York State provides significant fringe benefits exceeding 60% of salary, including health care coverage, generous vacation and sick leave benefits, paid holidays, pre-tax health care options, voluntary deferred compensation plans, access to financial assistance for career-related study, and membership in the New York State Retirement System.
New York State Office of Temporary and Disability Assistance is an Affirmative Action/Equal Opportunity Employer. Applications from under-represented groups such as BIPOC, LGBTQI+ individuals, women, disabled individuals, and military veterans are encouraged. Candidates must be legally authorized to work in the United States.
