Occ. Code 6510400
OFFICER, GRADE 25
HEARING OFFICER, GRADE 27
HEARING OFFICER, M-3
HEARING OFFICER, M-4
York State Department of Civil Service
DESCRIPTION OF CLASS SERIES
Hearing Officers preside at
quasi-judicial or administrative hearings of an adversarial or investigative
nature concerning the resolution of issues of fact, law and/or regulatory
practice; make findings of fact and conclusions of law; and render or recommend
decisions. These positions are classified in various State agencies.
HEARING OFFICER: full
performance level; independently perform the full range of administrative hearings.
SUPERVISING HEARING OFFICER:
first supervisory level; oversee Hearing Officers; and conduct the most
difficult and precedent setting hearings.
PRINCIPAL HEARING OFFICER:
second supervisory level; direct the day-to-day operation of an agencys administrative
hearing program or a major portion of it through multiple Supervising Hearing
CHIEF HEARING OFFICER:
function as second-in-command of a large administrative hearing office; and
manage a large staff of attorneys and administrative employees.
Attorneys provide legal assistance
and support to agency program administrators by analyzing legal opinions,
briefs and other material, preparing memoranda of law and conferring with
administrators or parties to legal action to mediate, negotiate or settle legal
issues directly related to an agency's program. They function either as
specialists in a single program governed by law or as generalists as evidenced
by their concern with laws governing numerous programs.
- Review requests for hearings to
determine probable issues and apply the appropriate regulations and
sections of law.
- Issue, or cause to be issued, subpoenas
for the attendance of witnesses and the production of necessary books,
records and other documents.
- Manage hearing calendars to ensure all
cases are heard and decided in a timely manner as prescribed by applicable
- Conduct hearings to review and/or decide
appeals from agency determinations, claims regarding issues such as
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.
- Instruct the parties of their rights;
and maintain an atmosphere of fairness, impartiality and due process.
- Administer oaths and affirmations.
- Elicit testimony from parties relative
to the issues of the hearing and question witnesses to obtain facts.
- Rule on various issues including objections
by parties, relevancy and admissibility of evidence and exhibits, and
requests for adjournment.
- Organize legal information or records;
receive all exhibits produced.
- Maintain a record of the hearing
proceeding for use in determining the facts and for litigation.
- Apply appropriate laws, regulations and
policy to the facts and evidence.
- Analyze data to discover facts in case.
Research laws, regulations, policies, and precedent decisions to prepare
for hearings and to determine conclusions.
- Decide the issue being adjudicated as
authorized by the applicable statue or rule. Draft written opinions and
- Recommend the acceptance or rejection of
claims or compromise settlements according to laws, regulations, policies,
and precedent decisions.
- May explain to parties how to appeal
- Review 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
- May assist in defending lawsuits
regarding hearing decisions by conducting research, drafting briefs and
other supporting documents.
SUPERVISING HEARING OFFICER
- Manage legal staff engaged in conducting
hearings. Oversee office management, general oversight of procedures,
assignment calendars, work schedules, and other administrative matters.
- Develop, deliver or review training
programs for subordinate staff. Monitor and evaluate staff performance and
- Consult with subordinate staff on proper
prioritization of assigned hearing cases; and recommend strategies to
streamline the hearing process.
- Ensure that staff conducts hearings in a
timely and professional manner.
- Review hearing decisions and files to
ensure that the due process rights of both sides at the hearings are
- Review and monitor hearing decisions of
all assigned staff for legal sufficiency and adherence to agency policy
and procedures; and determine that performance standards are being met.
- Ensure that findings are based on facts
and decisions are clear, concise and timely. Issue final and binding
- Keep up-to-date on amendments in
statutes, regulations and decisional law; and communicate such changes to
- Recommend changes to policies and
procedures, statutes and/or regulations to management.
- Handle complaints, including fact
gathering, concerning subordinate staff from appellants, appellants
representatives and agency representatives.
- Review requests for reconsideration and
make proper recommendations and/or determinations.
- Conduct hearings on the most difficult
and precedent setting cases, and court ordered re-hearings.
- Oversee an agencys administrative
hearing program or a major portion of that operation by supervising staff,
acquiring resources and ensuring that production standards are met.
- Establish and maintain policies and
procedures to ensure the most efficient processing of requests for
- Ensure the timely scheduling and disposition
of hearing cases.
hearing decisions to ensure that law, policies and procedures are being
- Review and take final action regarding
recommendations on requests for reconsideration of hearing decisions to
ensure that decisions are correctly decided; and amend or reopen hearing
records as appropriate.
- Review court rulings relating to
hearings decisions and determine their effects on hearings policies and
procedures. Modify policies and procedures to comply with court decisions,
amendments in statutes and changes in regulations.
- Identify training needs of staff and
approve and oversee continuing legal education training programs.
- Inform staff of changes in statutes,
regulations, policies, and court decisions that affect the hearing
- Review and comment on proposed
legislation affecting hearing program.
- Oversee the response to claims of
non-compliance with hearing decisions and ensure proper resolution of
- Field inquiries and resolve complaints
from appellants, representatives, elected officials, local districts or
other governmental agencies concerning the hearing process.
- Act as liaison with counsels office
regarding hearing decisions that are appealed to the courts. Assist in
preparing the defense for Article 78 litigation involving hearing
- Provide expert legal advice and opinions
to management and staff on hearing matters.
- Draft reports on hearing activities.
Prepare or assist in compiling the budget for the hearings operation.
- Represent the agency in meetings with
legal advocacy and other interest groups; and provide information
concerning the operation and practices of the hearings program.
CHIEF HEARING OFFICER
legal expertise to the Director of the Hearings Office and high level agency
that hearings are timely and effectively scheduled and that Hearing Officers
receive essential daily support.
review recommended fair hearing decisions that raise an issue of policy or
legal interpretation or is otherwise highly sensitive.
recent court decisions related to fair hearings, determine the effects these
decisions have on existing fair hearings policy and procedures; and, upon
consultation with agency staff, develop recommendations for changes in fair
hearings policies and procedures.
approved changes in policies and procedures.
in administrative activities such as preparation of annual budget requests,
including projected staffing requirements based upon work load, case backlog
and the effects of new, proposed and revised legislation, and recent court
decisions on fair hearings.
the office in meetings with agency counsel, interested parties, legal advocacy
groups, and NYS Bar Association.
in public speaking engagements; and represent the hearing office at agency
labor management meetings.
other duties to ensure the proper functioning of the administrative hearing
process; and maintain appropriate communications.
Open Competitive: Admission to the
New York State Bar and two years of post-Bar legal experience in the trial of
issues in courts of records or trials of adversarial proceedings,
quasi-judicial in nature, before a government agency.
SUPERVISING HEARING OFFICER
Promotion: one year of service as a Hearing
PRINCIPAL HEARING OFFICER
Promotion: one year of service as a
Supervising Hearing Officer.
CHIEF HEARING OFFICER
Promotion: one year of service as a Principal Hearing
Open Competitive: Member in good
standing of the New York State Bar and seven years of management experience in
a large administrative legal division operation or as a managing partner in a
large law firm, with a substantial part of that experience devoted to
addressing New York Citys Human Resources Administration issues. This
experience must include the administration of hearings.
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 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