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

The New York State Office of Mental Health is seeking applicants for the position of Hearing Officer or Assistant Attorney. The role involves presiding over impartial hearings for applicants and recipients of social services benefit programs administered by OTDA and other Executive agencies, ensuring fairness and adherence to regulations.

Responsibilities

• Reviews requests for hearings to determine probable issues and apply the appropriate regulations and sections of law
• Directs the attendance of witnesses and the production of necessary books, records and other documents
• Manages hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable statute
• Conducts hearings to review and/or decide appeals from agency determinations, claims regarding issues such as eligibility for benefits, discontinuance, denial, adequacy, or reduction of benefits, revocation or suspension of licenses, violations of State laws, and enforcement of health and safety laws and regulations
• Instructs the parties of their rights; and maintains an atmosphere of fairness, impartiality and due process
• Administers oaths and affirmations
• Elicits testimony from parties relative to the issues of the hearing and questions witnesses to obtain facts
• Rules on various issues including objections by parties, relevancy and admissibility of evidence and exhibits, and requests for adjournment
• Organizes legal information or records; receives and identified all exhibits produced and enters admissible evidence into the record
• Maintains a record of the hearing proceeding
• Applies appropriate laws, regulations and policies to the facts and evidence
• Analyzes data to discover facts in case. Research laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions
• Decides the issue being adjudicated as authorized by the applicable statue or rule
• Drafts written opinions and decisions. When designated, may issue final and binding hearing decisions
• Recommends the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions
• May explain to parties how to appeal unfavorable rulings
• Reviews new legislation, regulations and other developments that have an impact on the conduct of hearings or on hearing decisions, and studies court cases having an impact on the hearing process
• May assist in defending lawsuits regarding hearing decisions by conducting research, drafting briefs and other supporting documents
• May assist in post issuance review of hearing decisions by conducting research and drafting responses to review requests

Skills

• Candidates must be legally authorized to work in the United States
• 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
• 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
• Your resume must indicate how you meet the minimum qualifications for this position
• Non-specific submissions may be disqualified from further consideration if the information you provide does not meet the minimum qualifications
• Experience with social service benefit programs is helpful but not necessary
• 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

Benefits

• 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.
• Telecommuting up to 50% may be available in accordance with The Office of Temporary and Disability Assistance policy and can be discussed during the interview.

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