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"Other" Explanation The total number of hours of hearing officer service will depend on the number of enforcement matters commenced by the Chief Enforcement Counsel and the relative complexity of those matters. Hours per week is TBD.
Minimum Qualifications Admission to the New York State Bar, currently in good standing, 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.
Preferred Qualifications are familiarity with Article 3 of the State Administrative Procedure Act and working knowledge of CPLR and Evidence.
Duties Description Hearing Officers preside at quasi-judicial or administrative hearings of an adversarial or investigative nature concerning the resolution of issues of fact, law and regulatory practice; make findings of fact and conclusions of law; and render or recommend decisions.
• Review hearing file 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, consistent with the Election Law, State Board of Elections regulations, applicable provisions of the State Administrative Procedure Act and all other applicable law.
• Manage hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by the Election Law, State Board of Elections regulations, the applicable provisions of the State Administrative Procedure Act and all other applicable law.
• Conduct hearings to review and decide matters pursuant to Election Law Section 3-104(5)(a) and the regulations of the State Board of Elections, consistent with applicable provisions of the State Administrative Procedure Act and other applicable law.
• Instruct the parties of their rights; and maintain an atmosphere of fairness, impartiality and due process.
• Administer oaths and affirmations, as permitted by applicable law and State Board of Elections regulations.
• 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, as required by applicable law and regulation.
• Apply appropriate laws, regulations and policy to the facts and evidence.
• Analyze data to discover facts in case. Research laws, rules, regulations, relevant opinions of the State Board of Elections and precedent decisions to prepare for hearings and to determine conclusions.
• Decide, consistent with existing law, the issue being adjudicated as authorized by the applicable statue, regulations, rules, relevant opinions of the State Board of Elections and caselaw. Draft written opinions and decisions.
• Explain to parties how to appeal unfavorable rulings.
• Review new legislation, regulations and other development that have an impact on the conduct of hearings or on hearing decisions, and study court cases having an impact on the hearing process.
• Assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs and other supporting documents.
Some positions may require additional credentials or a background check to verify your identity.
Notes on ApplyingQualified candidates should send a resume and cover letter indicating the Title of the position being applied for to:
New York State Board of Elections
Attn: Jennifer Blanch - Hearing Officer Posting
40 N. Pearl Street, Ste. 5, Albany, NY 12207