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Review Vacancy

Date Posted 12/01/23

Applications Due03/14/24

Vacancy ID145276

AgencyTemporary and Disability Assistance, Office of

TitleHearing Officer or Assistant Attorney 1 or 2 or Assistant Hearing Officer

Occupational CategoryLegal

Salary Grade25

Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)

Salary RangeFrom $90806 to $114444 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Non-competitive Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 9 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address Office Of Administrative Hearings

40 North Pearl Street

City Albany

StateNY

Zip Code12243

Minimum Qualifications Eligible for a lateral transfer or eligible for transfer under Section 52.6 of the Civil Service Law by having one year of permanent competitive service in an appropriate title. Information regarding transfer eligibility is available on the Civil Service Career Mobility Office website at https://careermobilityoffice.cs.ny.gov/cmo/gotit/.

Please note: Titles which require special qualifications must also meet the following criteria:

• Hearing Officer (SG-25): 12 months as an Assistant Hearing Officer, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or agency,
• Assistant Attorney 1 (NS equated to SG-18): Law school graduation and/or eligibility for NYS Bar Admission,
• Assistant Attorney 2 (NS equated to SG-20): Admission to NYS Bar,
• Assistant Hearing Officer (NS equated to SG-22): 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or agency,
OR
Non-competitive qualifications:
• Hearing Officer (SG-25): 12 months as an Assistant Hearing Officer), or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or agency,
• Assistant Attorney 1 (NS equated to SG-18): Law school graduation and/or eligibility for NYS Bar Admission,
• Assistant Attorney 2 (NS equated to SG-20): Admission to NYS Bar,
• Assistant Hearing Officer (NS equated to SG-22): 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience in the trial of issues in courts of record or in the conduct or trial of adversary proceedings, quasi-judicial in nature, before a governmental department or agency.
Desired Competencies:
• OAH seeks the best candidates for positions across New York State. OAH needs decision-makers - like you - fair, impartial, and dedicated. Research shows that women and people from under-represented groups often apply to jobs only if they meet 100% of the desired competencies. We encourage you to apply even if you do not believe you meet all the desired competencies.
• OAH wants to represent every segment of New York State’s population. If you are looking to make a direct impact in the lives of New York State’s most vulnerable population, this might be the next role for you.
• Ideal candidates are passionate, polite, patient, have a strong academic background, and can handle a fast-paced workload. It helps to be energetic, creative, well-organized, independent, hard-working, personable, with oral advocacy and succinct writing skills. Experience with social service benefit programs is helpful but not necessary. Hearing Officers produce “signature ready” decisions after completing hearings. OAH’s training program includes administrative and substantive law, writing, and how to create a full record while presiding over administrative hearings.
• Successful candidates should research OTDA and OAH before submitting cover letters and resumes. We recommend reviewing the OTDA and OAH websites, New York State Social Services Law Section 22 et seq., 18 NYCRR 358 et seq., Goldberg v. Kelly, 397 US 254 (1970), and Executive Order 131 issued by Governor Mario Cuomo on December 4, 1989.

Duties Description Hearing Officers will serve as Administrative Law Judges presiding over impartial hearings for applicants and recipients of, social services benefit programs administered by OTDA and other Executive agencies (e.g., the Department of Health’s Medicaid program, the Office of Children and Family Services’ foster care and childcare programs, and the Office for People with Developmental Disabilities waiver programs).

Duties include but are not limited to the following:

• Conduct hearings to review and/or decide appeals arising from agency eligibility, denial, discontinuance, reduction, and/or adequacy of social services benefit program determinations. They may also preside over hearings addressing fraud, license revocation or suspension, violations, or health and safety enforcement.
• Review fair hearing requests and determine probable issues and apply the appropriate regulations and law. They may issue, or cause to be issued, subpoenas for the attendance of witnesses and the production of necessary books, records, and other documents. They complete all assigned hearings and draft timely and accurate recommended decisions.
• During hearings, protect due process, remind parties of their rights, and maintain fairness, impartiality, and serenity. Hearing Officers may administer oaths and affirmations, elicit relevant testimony from parties, and question witnesses. They rule on various issues including objections, evidence, and adjournments. Hearing Officers review and approve settlements.
• Organize legal information and records, develop, and maintain a complete hearing record including recordings, determine credibility, apply laws, regulations, and policies to the facts and evidence and draw appropriate conclusions, analyze data, research laws, regulations, policies, and precedential decisions. Draft written opinions and decisions. Explain how parties may appeal unfavorable rulings when appropriate.
• Besides presiding over hearings and drafting recommended decisions, Hearing Officers may be assigned to review new legislation, regulations, case law, and other developments potentially impacting social services benefit programs or administrative hearings. Hearing Officers may assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs, and other supporting documents.

Additional Comments Full time permanent or temporary appointments will be made. Hearing Officers are expected to travel to various locations to conduct hearings including residences as assigned. Trainees must be admitted to practice in New York State within two years of starting the traineeship. Outside activities, including volunteer activities conducted outside work hours require permission and review by OTDA’s ethics officer.
Hearing Officer and Trainee positions may be filled pursuant to the Hiring for Emergency Limited Placement (HELP) Program. If hired under the HELP Program, candidates will be appointed as non-competitive. Said positions will automatically become competitive appointments upon the conclusion of the HELP Program.

Applicants should include preferred office assignment(s) and highlight relevant legal experience, training, decision making, teamwork, and leadership in cover letters and resumes. A writing sample may be requested.

Working for New York State:

THE NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE (OTDA) IS LOOKING FOR APPLICANTS WHO ARE SEEKING A REWARDING CAREER.

The Office of Temporary and Disability Assistance (OTDA) is recognized as a national leader in the field of Human Services and innovative social welfare programs. OTDA is responsible for supervising programs that provide assistance and support to eligible families and individuals.

OTDA’s functions include: Providing temporary cash assistance; providing assistance in paying for food; providing heating assistance; overseeing New York State’s Child Support Enforcement Program; determining certain aspects of eligibility for Social Security Disability benefits; supervising homeless housing and services programs; and providing assistance to certain immigrant populations.

Applicants and recipients of Public Assistance, Medical Assistance, SNAP, and other social services benefit programs have a right to a fair hearing if they disagree with a decision made by the state or local government agencies or their agents. OAH Hearing Officers preside over these hearings. Tens of thousands of pro se New Yorkers exercise their due process rights to a hearing annually.

As a New York State employee, you are afforded great fringe benefits exceeding 60% of your salary. Our comprehensive package includes:

• Health care coverage with provisions for hospitalization, medical/surgical coverage, prescription drug benefits, dental, and vision.
• Generous vacation, personal, and sick leave benefits.
• Up to thirteen paid holidays per calendar year.
• Pre-Tax Health Care.
• Voluntary enrollment in deferred compensation plans.
• Access to financial assistance for further career-related study.
• Membership in the New York State Retirement System.

NYS OTDA is an Affirmative Action/Equal Opportunity Employer. We actively solicit and encourage applications from Black, Indigenous, and People of Color (“BIPOC”); LGBTQI+ individuals; women; disabled individuals; and military veterans.

Candidates must be legally authorized to work in the United States. If certified by Civil Service, mandatory reemployment list candidates must be considered first for appointment to this title.

Interested applicants should send an email with their resume attached to jobpostings@otda.ny.gov and put "Posting #23235A" in the subject line. DO NOT USE THE VACANCY ID NUMBER.

This position meets the criteria for appointment under 55-b and 55-c of Civil Service Law.

Some positions may require additional credentials or a background check to verify your identity.

Name Recruitment Unit

Telephone (518) 402-3991

Fax (518) 474-9374

Email Address jobpostings@otda.ny.gov

Address

Street 40 North Pearl Street, 12B

City Albany

State NY

Zip Code 12243

 

Notes on ApplyingApplicants will be required to prove their eligibility for employment based upon acceptance of a position in accordance with the Immigration Reform and Control Act of 1986.

If you are a retiree currently receiving benefits, indicate this and the name of the retirement system in your response.

In accordance with state law, Governor’s Executive Order No. 6 and Section 504 of the Federal Rehabilitation Act of 1973, as amended, the NYS Office of Temporary and Disability Assistance does not discriminate against disabled individuals. If you are disabled and require reasonable accommodation at the time of the interview, please contact OTDA's designee for reasonable accommodation at (518) 474-7284.

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