Minimum Qualifications Qualified candidates will possess a law degree, admission to the New York State Bar, and eight years of experience as an attorney or judge in any combination of the following:
• In a governmental regulatory agency as an: Administrative Law Judge, Attorney, Hearing Officer, or official with policy responsibilities.
• As an attorney litigating and/or negotiating matters in governmental regulatory proceedings and/or court proceedings involving complex technical facts or policies.
• As a judge or judicial clerk or in a similar adjudicative capacity.
• As a legislator, legislative staff, lobbyist, or similar position requiring analysis of laws or regulations.
• As a mediator or arbitrator in cases involving complex financial and technical issues.
Duties Description Hearing Examiners are assigned to all proceedings in which hearings are held and to some other matters before the NYS Public Service Commission (Commission), the New York State Board on Electric Generation Siting and the Environment (Siting Board), and the New York State Office of Renewable Energy Siting (ORES). Under the direction of the Director of the Office of Hearings and Alternative Dispute Resolution, duties include, but are not limited to:
• Establishing procedural milestones and schedules; issuing written rulings on process issues, including schedule, discovery, party status, and other disputes among parties.
• Overseeing development of the official case record through a formal, litigated process.
• When assigned as settlement judge in a proceeding, employing Alternative Dispute Resolution techniques to help interested parties reach agreement among themselves about how the issues presented should be resolved.
• Analyzing arguments and evidence offered by parties in order to offer advice and recommendations about how issues should be resolved by the Commission and the Siting Board, including in the form of written Recommended Decisions.
• Drafting Commission and Siting Board orders.
• Presenting recommendations formally at Commission and Siting Board meetings.
About the nature of the cases: Matters set for hearings or facilitation include 1) prospective rates, proposed budgets, and other activities, of electric, gas, steam, and private water utilities, 2) siting of gas and electric transmission lines and wind, solar, and fossil-fuel generation facilities within New York State, and 3) utility mergers and other policy or regulatory matters, which could encompass the telephone or cable industries as well. Cases involve multiple, diverse parties and technical engineering, accounting, finance, economics, consumer, and environmental issues, among others. A typical case before a Hearing Examiner takes about a year. Direct testimony is often written and filed in advance, followed by in-person cross-examination of witnesses in a trial-type hearing that can last from one day (where a case has settled) to three weeks or more.
Additional Comments The ideal candidate will have:
• Organizational ability to set and enforce procedural milestones and to monitor extensive filings by multiple parties.
• Outstanding written and oral communication skills to explain and adjudicate procedures and policies to the parties and general public and to articulate technical and policy matters in recommended decisions and orders.
• Strong critical thinking and sound judgment to render well-grounded decisions in the public interest.
Salary will be commensurate with experience. This is an appointment to a position in the exempt jurisdictional class. As such, the incumbent of this position would serve at the pleasure of the appointing authority. Appointment to this position is contingent upon Division of Budget approval.
About the Department:
The primary mission of the New York State Department of Public Service (DPS) is to ensure affordable, safe, secure, and reliable access to electric, gas, steam, telecommunications, and water services for New York State’s residential and business consumers, while protecting the natural environment. The Department also seeks to stimulate effective competitive markets for clean, renewable, and distributed energy resources that benefit New York consumers, as well as product and service innovations.
Equal Opportunity Employer:
The Department of Public Service is committed to equal employment opportunity regardless of race, color, ancestry, religion, sex, national origin, sexual orientation, age, citizenship, marital status, disability, gender identity, or Veteran status. We also consider qualified applicants regardless of criminal histories, consistent with legal requirements. If you have a disability or special need that requires accommodation, please let us know by contacting the Designee for Reasonable Accommodations (DRA) and Americans with Disabilities Act Coordinator which can be found under the Accessibility Link on the Department’s webpage at www.dps.ny.gov
Some positions may require additional credentials or a background check to verify your identity.
Human Resources Management
Notes on ApplyingPlease send a resume and cover letter to firstname.lastname@example.org or fax to Human Resources Management at (518) 473-9990. Please reference “Hearing Examiner, posting 00315” when applying.