Occ. Code 8199901
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LEGAL AFFAIRS SPECIALIST 1, GRADE 14 |
8199901 |
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LEGAL AFFAIRS SPECIALIST 2, GRADE 18 |
8199902 |
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LEGAL AFFAIRS SPECIALIST 3, GRADE 23 |
8199903 |
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LEGAL AFFAIRS SPECIALIST 4, M-2 |
8199904 |
New York State Department of Civil Service
Classification Standard
BRIEF DESCRIPTION OF CLASS SERIES
Legal Affairs Specialists review and make determinations on requests for fair hearings, adjournments, withdrawals, Aid-to-Continue, complaints of non-compliance with hearing decisions, and the process for appealing fair hearing decisions from clients and their representatives. They respond to inquiries relating to the appeals process and make appropriate referrals; and provide guidance to local districts in meeting regulatory requirements pertaining to the hearing process.
DISTINGUISHING CHARACTERISTICS
LEGAL AFFAIRS SPECIALIST 1: full performance level; may supervise lower-level clerical staff; may handle and assist with the more complicated issues.
LEGAL AFFAIRS SPECIALIST 2: first supervisory level; supervise multiple Legal Affairs Specialists 1; and independently handle the more difficult and precedent-setting cases. When assigned to the Compliance Unit of the Fair Hearings Office in the Office of Temporary and Disability Assistance, independently resolve post hearing issues and need not supervise staff.
LEGAL AFFAIRS SPECIALIST 3: second supervisory level; supervise multiple Legal Affairs Specialists 2 and lower level staff; monitor unit workflow including work production and work quality.
LEGAL AFFAIRS SPECIALIST 4: managerial level; direct activities of an assigned section in the Office of Administrative Hearings, setting goals, priorities, and procedures. Incumbents supervise multiple Legal Affairs Specialists 3 and lower level staff.
RELATED CLASSES
Temporary Assistance Specialists assist in the administration of programs that provide financial assistance and supportive services to dependent and disabled individuals and families, or individuals and families eligible for assistance and services. Incumbents work with local social services agencies and local refugee and immigration program services providers to enable eligible families and individuals to achieve independence. They make field visits to identify local agency needs, review program activities and provide technical assistance and advice to local program managers and to directors of contract agencies to ensure adherence to State and federal guidelines, and contract requirements.
ILLUSTRATIVE DUTIES
LEGAL AFFAIRS SPECIALIST 1
· Provide information regarding hearing procedures to State agency and local district staff, clients and their representatives, and other parties.
· Process requests for administrative hearing records, Fair Hearings, Homebound Hearings from appellants/representatives, Intentional Program Violations Hearings, and waiver of appearance requests from local social services districts and its agents, schedule hearings, prioritize hearings in accordance with federal and state regulations, law and court decisions, manage workflow at hearing locations, and other various matters regarding the administrative hearing process.
· Handle general inquiries from clients, their representatives or local agencies and make referrals to appropriate program areas or proper agency.
· Determine continuation of aid status and good cause for adjourning and reopening hearings.
· Draft responses to correspondence relating to the hearing process.
· Screen and process emergency hearings.
· Retrieve, analyze and/or update information from the Fair Hearing Information System, Welfare Management System, Automated Child Care Information System, New York City Work Accountability and You, State Supplemental Program, Client Notification System, eMedNY, and other relevant systems.
· Identify governmental entity or agent taking adverse action against clients and ensure all relevant parties are notified about a hearing request. This includes identifying the appropriate local district location, managed care organization, or State entity.
· Field compliance complaints, referring more complicated cases to appropriate supervisor.
· Gather statistical data and prepare reports.
· Assist supervisor in preparing written procedures.
· May supervise clerical staff.
LEGAL AFFAIRS SPECIALIST 2
· Supervise staff handling telephone, on-line, written and walk-in requests.
· Manage workflow by evaluating staffing levels, work priorities, and work assignment computer systems.
· Provide technical assistance to State and local district staff.
· Disseminate, interpret, and clarify decisions, policies, rules, regulations and directives.
· Oversee the administration of the Homebound Hearing process and handle the more difficult and sensitive cases.
· Meet with local district staff to ascertain ways to reduce the hearing workload and participate in training local districts' staff to enhance their performance.
· Evaluate evidence packages submitted by districts and determine if the evidence supports an administrative disqualification hearing.
· Direct local districts to comply with fair hearing decisions, monitor local districts compliance performance and suggest ways to reduce incidences of non-compliance.
· Determine when fair hearings require expeditious handling.
· Oversee the review of and/or directly evaluate evidentiary packets from local districts and determine if there is sufficient documentation to proceed with Intentional Program Violation hearings or an Administrative Disqualification hearing.
· Process and coordinate reconsideration requests.
· Analyze cases pertaining to the hearing process and prepare reports utilizing statistical and other data.
· Write procedures.
· Create and update training materials for Legal Affairs Specialists 1.
· Assist in researching and developing information relating to litigation.
· Direct the daily operations of the Fair Hearing Information System.
· Work with information technology staff to ensure coordinated operational support.
LEGAL AFFAIRS SPECIALIST 3
· Issue responses to Federal, State and local district staff at high levels on matters of a more complex nature such as complaints and inquiries received from appellants, representatives and elected officials.
· Develop administrative procedures and practices related to the hearing process, and assist in the efficient administration of the fair hearing process. This may include monitoring workload levels; and review of assignments completed by staff to ensure accuracy and that appropriate action was taken.
· Monitor unit workflow to ensure mandated timeframes are met, emergency cases are expedited and sensitive issues are handled appropriately.
· Perform the full range of administrative supervisory responsibilities.
LEGAL AFFAIRS SPECIALIST 4
· Supervise two or more Legal Affairs Specialists 3 who are responsible for time and attendance, work production and work quality of their units, and ensure that all employees properly implement office policy and procedures.
· Monitor and evaluate unit functions to assure that the workload is timely processed, that the error rate of staff if minimal, and that staff is provided with sufficient training to successfully perform their duties.
· Coordinate with other agencies to implement new programs to ensure administrative hearings are properly scheduled.
· Develop policies and procedures, ensure continuity of operations for hearings and implement recommendations.
· Provide technical expertise, advice, and assistance to high-level agency and local district staff members regarding State and Federal laws, rules, regulations, policies and procedures related to, or resulting from, the administrative hearing process.
· Review and authorize the contracts and procurement processes for security guards, temporary employees, interpreters, and other contracted staff.
· Perform the full range of administrative supervisory responsibilities.
MINIMUM QUALIFICATIONS
LEGAL AFFAIRS SPECIALIST 1
Open Competitive: Four years of paraprofessional or professional experience providing services to individuals in need of and/or eligible for social services programs or implementing/administering programs regulated by the New York State Office of Temporary and Disability Assistance, the New York State Office of Children and Family Services, or the New York State Department of Health.
Substitution:
1. An associate or higher degree in law or legal assistant/paralegal education from a regionally accredited college or university, or college or university accredited by the Accrediting Council for Independent Colleges and Schools (ACICS), may be substituted for the four years of experience required above.
2. Completion of a legal assistant/paralegal education, qualifying non-degree certificate program where the certificate was issued by a regionally accredited or ACICS accredited college or university AND two years of paralegal experience, may be substituted for the four years of experience required above.
3. College education in any field may be substituted for up to two years of the above general experience at the rate of 30 semester credit hours or the equivalent thereof.
LEGAL AFFAIRS SPECIALIST 2
Promotion: One year of permanent competitive service as a Legal Affairs Specialist 1.
LEGAL AFFAIRS SPECIALIST 3
Promotion: One year of permanent competitive service as a Legal Affairs Specialist 2.
LEGAL AFFAIRS SPECIALIST 4
Promotion: One year of permanent competitive service as a Legal Affairs Specialist 3.
Rev: 9/18
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.