Occ. Code 6862300

 

SENIOR UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE, GRADE 20

6862300

ASSOCIATE UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE, GRADE 23

6862400

SUPERVISING UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE, GRADE 25

6862500

 

New York State Department of Civil Service

 

Classification Standard

 

Unemployment Insurance Hearing Representatives are located in the Adjudication Services Office and are re­sponsible for the preparation and presentation of contested benefit claims cases and employer tax liability cases of quasi-judicial hear­ings before Unemployment Insurance Referees and the Unemployment Insurance Appeal Board. Contested benefit claims cases are first reviewed and those routine cases for which there is adequate established precedent are sent to the Referee Section for hearing without representation by the Commissioner. Only selected benefit cases involving issues which are new, complex or novel are sent to the Adjudication Services Office for prepara­tion and presentation before a Referee by a staff member acting as representative of the Commissioner of Labor. Staff members of the Adjudication Services Office also prepare and present all contested cases involving employers' tax liability.

 

SENIOR UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE prepares for hearing before an Unemployment Insurance Referee selected contested unemployment insurance benefit cases, and all contested employer tax liability cases, request report­ing penalty cases and claimant-coverage cases: initiates field investigations; obtains necessary evidence by correspondence and con­ference with employers, union representatives, attorneys and others; analyzes and applies pertinent Appeal Board and Court decisions, administrative interpretations, and Federal and State statutes; de­termines necessary witnesses, interviews them and assures their attendance at hearings; presents selected benefit cases and employer tax liability cases before an Unemployment Insurance Referee; examines witnesses and presents evidence at hearing; withdraws or modifies determinations when warranted by additional evidence presented at hearing; analyzes Referee decisions to determine effect on Division policies and pro­cedures; makes recommendations concerning the advisability of appeal against adverse decisions; in mass hearing cases, assists in the preparation of appropriate stipulations to avoid unnecessary and protracted hearings. QUALIFICATIONS: One year of permanent service as an Unemployment Insurance Reviewing Examiner or a Labor Services Representative.

 

ASSOCIATE UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE either supervises a unit engaged in the preparation and presentation of employer tax liability cases and selected benefit claims cases before Referees, or personally prepares and presents cases involving appeal from Referee decisions to the Unemployment Insurance Appeal Board: as a supervisor in the Representation Subsection supervises the review of cases which are appealed to Referees and the preparation and pre­sentation of such cases; gives technical advice, assistance and training to subordinates; insures compliance by staff with policies and procedures of the Hearing Section and with established standards; reviews Referee decisions for training purposes and to discover trends and new developments; maintains liaison with Referee Section for effective scheduling of cases. As a staff member of the Appeals Subsection: analyzes recommendations for appeal from Referee decisions in claimant and employer tax liability cases to determine advisability of further appeal; examines case file and discusses it with the Senior Unemployment Insurance Hearing Representative who presented the case; secures necessary addi­tional information and evaluates all pertinent facts; prepares briefs and memoranda in connection with appeals to Appeal Board; reviews and analyzes transcripts of Referee hearings to determine pertinent facts and issues; represents the Commissioner of Labor at Appeal Board hear­ings; analyzes adverse Appeal Board decisions and makes recommendations as to the advisability of further appeal by the Commissioner of Labor to the Appellate Division. QUALIFICATIONS: One year of permanent serv­ice as a Senior Unemployment Insurance Hearing Representative.

 

SUPERVISING UNEMPLOYMENT INSURANCE HEARING REPRESENTATIVE supervises either the Appeals Subsection or the Representation Subsection of the Adjudication Services Office of the Counsel's Office; as supervisor of the Representation Subsection is responsible, under the general supervision of the Chief Unemployment Insurance Hearing Representative, for the preparation and presentation on behalf of the Commissioner of Labor of all contested benefit claims and employer liability cases heard by Unemployment Insurance Referees; assigns cases for review, preparation and presentation before Referees; confers with and advises Associate Unemployment Insurance Hearing Representatives supervising Represen­tation Units on difficult and complex cases involving questions of precedence or policy or novel questions of law and fact; reviews work performance of staff and directs its training; analyzes recommendations by staff for appeal from Referee decisions to the Appeal Board and submits to the Appeals Subsection for approval or disapproval; repre­sents the Industrial Commissioner at hearings before Referees and/or the Appeal Board in especially complex cases or where major questions of policy or law are involved; inspects the Representation Units throughout the State for review and training purposes and schedules training sessions. As Supervisor of the Appeals Subsection directs a staff of Associate Hearing Representatives in the preparation and presentation of contested benefit claims and employer liability cases heard by the Appeal Board: analyzes and approves recommendations for the taking of appeals to the Appeal Board; assigns cases and maintains standards of work performance; confers with and advises staff on questions of precedence or policy or on novel questions of law and fact; reviews all briefs and legal memoranda before submission to the Appeal Board; personally represents the Commissioner of Labor at hearings before the Appeal Board in particularly complex cases or where major questions of policy or law are involved; analyzes adverse Appeal Board decisions and recommends to the Chief Unemployment Insurance Hearing Repre­sentative further appeal to Appellate Division for the purpose of strengthening and standardizing the presentation of cases before the Appeal Board. QUALIFICATIONS: One year of permanent service as an Asso­ciate Unemployment Insurance Hearing Representative.

 

 

 

 

Reviewed:  4/04

 

 

 

 

NOTE:  Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.