TENTATIVE

  Occ. Code 1608200

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS SERIES

Environmental Impact Examiners conduct adjudicatory hearing and mediations on applications for permits under the Environmental Conservation Law (ECL), including those involving the State Environmental Quality Review Act (SEQRA), administrative enforcement hearings concerning alleged violations of the ECL, and legislative hearings on proposed regulations and other environmental matters. Positions are only classified in the Department of Environmental Conservations (DEC) Office of Hearings and Mediation Services (OHMS).

DISTINGUISHING CHARACTERISTICS

          ENVIRONMENTAL IMPACT EXAMINER:  non-competitive, full performance level; acts as DECs agent in adjudicatory hearings on applications for DEC permits, under the provisions of the ECL and SEQRA, and denied Freedom of Information Law (FOIL) requests.

          SUPERVISING ENVIRONMENTAL IMPACT EXAMINER: non-competitive, one position class; manages OHMS and supervises Environmental Impact Examiners and clerical staff.      

RELATED CLASSES

Associate Attorneys provide legal assistance and support to agency program administrators at the policymaking level and prepare legal cases for which there is little precedent and/or which have a major impact on an agencys mission and program. Incumbents analyze legal opinions, briefs and other material, prepare memoranda of law, confer with administrators or outside parties to legal action in order to mediate, negotiate or settle legal issues related to the agencys mission and programs.

ILLUSTRATIVE DUTIES

ENVIRONMENTAL IMPACT EXAMINER:  conducts quasi-judicial or administrative hearings, which are usually both advisory proceedings and investigations; administer oaths; issues subpoenas, as needed; rules on admissibility of evidence; interrogates witnesses whenever required; evaluates evidence; make findings of fact and conclusions of law; renders or recommends decisions;  performs factual and legal review of applications for permits and alleged violations of the ECL; rules on evidence; develops a factual record; prepares comprehensive reports; mediates environmental disputes; drafts determinations in response to appeals pursuant to the Freedom of Information Law (FOIL); finalizes legal notices for publication, ensuring legal sufficiency thereof, and prepares written directory materials to secure timeliness of legal publications and other hearing arrangements; schedules pre-hearing conferences; issues pre-hearing orders; rules on preliminary disclosure issues; solicits pre-trial briefs, as needed;  rules on all motions of evidence; swears in witnesses; structures hearing presentations, and maintains order, decorum and efficiency as a court of record; researches the record, briefs and the law to analyze complex technical and legal matters; prepares final decisions binding the agency for the Commissioners or Assistant Commissioners signature; presides at informational proceedings to accept public comment on selected projects; and undertakes special projects, as required, such as the preparation or revision of guidance documents and regulations, or special research projects.

SUPERVISING ENVIRONMENTAL IMPACT EXAMINER: in addition to performing the duties of Environmental Impact Examiners, the incumbent manages the administrative review process at the agency; interviews, evaluates and hires new Environmental Impact Examiners; ensures that staff is properly trained and stays current in all aspects of the ECL; distributes the workload and assigns cases; monitors all cases and reviews the schedules and progress for each case assigned; manages time, attendance and leave of staff; arranges for security at hearing locations, if needed; and reviews sensitive final decisions and determinations.

MINIMUM QUALIFICATIONS

ENVIRONMENTAL IMPACT EXAMINER

Non-Competitive: Admittance to the New York State Bar and five years of post-bar legal experience in administrative or environmental law.

SUPERVISING ENVIRONMENTAL IMPACT EXAMINER:

Non-Competitive: Admittance to the New York State Bar and six years of post-bar legal experience in administrative or environmental law.

Date:  6/17

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. For current information on minimum qualifications please contact the Division of Staffing Services.