Minimum Qualifications Non-Competitive Appointment: Admission to the New York State Bar, and five years of subsequent legal experience, including either one year as a presiding hearing officer in patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; or two years as the attorney of record in administrative proceedings involving patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; or one year as a judge in the unified court system.
Permanent Transfers: NYS DOH employee with one year of permanent or contingent-permanent competitive service as an Health Hearing Examiner (SG-28); OR a NYS employee with one year or more of permanent or contingent-permanent competitive service in a title at SG-26 or above and eligible for transfer under Section 52.6, 70.1 or 70.4 of the Civil Service Law. (Candidates requesting consideration for transfer under Section 52.6, 70.1 or 70.4 of the Civil Service Law must also be a graduate of an accredited law school with an LLB or JD degree, and may also need to meet additional conditions/experience to qualify for consideration).
Preferred Qualifications: Admission to the New York State Bar and five (5) years of post-bar legal experience including either (a) one year as a presiding hearing officer in patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; OR (b) two years as the attorney of record in administrative proceedings involving patient care, enforcement and disciplinary hearings against professionals, eligibility hearings, Social Security or Medicaid; OR (c) one year as a judge in the unified court system.
Duties Description The Health Hearing Examiner, will report to the Director, Bureau of Adjudication and will be responsible for the conduct of administrative hearings pursuant to The State Administrative Procedure Act (SAPA), Public Health Law (PHL) and 10 NYCRR (DOH Regulations).Responsibilities of the incumbent Health Hearing Examiner are as follows:
Serve as the Commissioner's designee for the purpose of conducting impartial hearings.
Render legal rulings, decisions, recommendations, and determinations.
Maintain a professional demeanor, exhibit objectivity, and control the hearing environment.
Supervise the preparation of documents and the integrity of testimony for entry into the record.
Assure that a transcribed record of the hearing is created that reflects all relevant occurrences, including
off the record discussions.
Be cognizant of the legal and factual issues relevant to the hearing in progress.
At the completion of the hearing prepare findings of fact, conclusions of law and decisions, determinations and/or recommendations within the statutory and regulatory time limits.
Assure that all affected parties are properly notified of the hearing disposition.
Additional Comments The Health Hearing Examiner title is part of the NYS HELP program. For the duration of the HELP Program, this title will be filled via permanent non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the titles for which they apply. At the close of the HELP program, employees hired under the HELP Program will have their non-competitive employment status converted to competitive status. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State.
Depending on how the candidates qualifies, the positions could be filled as competitive or non-competitive. Additionally, the positions may be filled in Albany or New York City. New York City employees will receive a downstate adjustment of $3,026.
Some positions may require additional credentials or a background check to verify your identity.
Notes on ApplyingPlease submit your resume and cover letter, preferably in PDF format, by email to email@example.com, with Reference JGL/HHE/HELP included in the subject line or by mail to Human Resources Management Group, JGL/HHE/HELP, Rm 2217, Corning Tower Building, Empire State Plaza, Albany, NY 12237-0012, or by fax to (518) 473-3395. Failure to include the required information may result in your resume not being considered for this position.