Hearing Officer or Assistant Attorney 1 or 2 or Assistant Hearing Officer (NY HELPS)

Minimum Qualifications NY HELPS : This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title may be filled via a non-competitive appointment, which means no examination is required, but all candidates must meet the non-competitive minimum qualifications for this title.

At this time, OTDA may recruit and hire employees by making temporary appointments. In June 2024, if a temporary NY HELPS employee is satisfactorily performing in the position, the appointment will be changed from temporary pending Civil Service Commission Action to permanent non-competitive, and the official probationary period will begin.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination.

Employees will then be afforded all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.

NON-COMPETITIVE QUALIFICATIONS :

• Hearing Officer 1 (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.

COMPETITIVE 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 : / / / cmo / gotit / .

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

• Hearing Officer 1 (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 :

The Office of Administrative Hearings (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 (.

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.

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