Governor's Office of General Counsel

Support Staff Vacancy

Department of Transportation Office of Chief Counsel

 Legal Analyst 

 

 

STD-370

POSITION DESCRIPTION

Job Title:     Legal Analyst                         Job Code:  07091                             Working Title:       Hearing Officer        Position Number:  50700255
Department:  Transportation            Organization:   Office of Chief Counsel                                                                     Position Number:  50603436         
Supervisor: Adolf (AJ) Garcia              Supervisor's Job Title:  Sr. Legal Analyst                                                                  Organization Code: 2200
Start Time: 8:00 am                                      End Time:  4:30 pm                         Hours/Week: 37.5                                             Days Worked: M, T, W, Th, F          

Position Purpose: Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. 

Act as presiding officer with respect to proceedings, presiding over hearings, writing opinions, making decisions, and performing ancillary duties. As presiding officer, determine who is entitled to participate and to what extent; admit evidence into the record, or reject proffered documents and oral testimony. Issue decisions and orders, which become final decisions unless appealed. This is management level legal support work in the Office of Chief Counsel. All work is subject to supervision and review by the Executive Deputy Chief Counsel, and the Administrative Officer.

Hearings will relate to monetary penalties assessed by automated enforcement programs in which PennDOT provides the hearing and adjudication process.

Description of Duties: Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor.

This position serves as the adjudicator at hearings and involves applying Agency policies and procedures. This position requires impartial fact-finding based on evidence presented during hearings and requires dispositions based on the findings of fact. Hearings will be documented in official electronic databases and official records. All functions must be performed independently, fairly, and impartially.

Hearing Officer work assignments include:

  • Reviewing forms, documentation, witness testimony, and physical evidence to ensure expedience, continuity of hearing procedures and time frames as outlined in Agency policies.
  • Ensuring evidence presented at the hearing is in accordance with Agency policies.
  • Interpreting Agency policies and court mandates to ensure administrative hearing procedures are consistent with due process of law.
  • Conducting, documenting, and recording hearings to make "fact-finding" in accordance with Agency policies.
  • Preparing a summary of proceedings, evidence, fact-finding and conclusions to substantiate the decision rendered in accordance with due process of law and Agency policies.
  • Serving as resource to administrative and other staff in interpreting regulations and policies regarding hearing procedures by responding to verbal and written inquiries.
  • Conferring with appellants and/or their counsel about issues pertinent to the appeal.
  • Performing daily case management in processing correspondence and maintaining telephone contact with clients, courts, and agencies.
  • Preparing adjudications and orders upholding or overturning decisions for automated enforcement program penalties.
  • Travel as required.
  • Performing related work as required.
  • General Legal Analyst work assignments include:
  • Legal research, case preparation, and general litigation support for hearings, trials, and appeals.
  • Drafting pleadings, discovery requests, memoranda, briefs, and generally assisting an attorney with research, witnesses, documents, and trial logistics.
  • Searching for, interpreting, and applying laws, court decisions, and other legal authorities on points of law involved in the preparation of legal rulings.
  • Assisting in the conduct of studies to determine administrative problems involved in proposed rules or regulations.
  • Participating in conferences with attorneys, administrative officials and representatives of private groups during which proposed legal rulings are discussed and explained.
  • Replying to legal correspondence.
  • Reviewing of rules, regulations and bulletins.
  • Administrative work like proofreading, maintaining legal files and reference materials, electronic filing, and court reporter and expert witness procurement.
  • Responding to Right to Know Law requests.
  • Assisting the Office of Attorney General with matters handled by it.
  • Performing related work as required.
  • Travel as required.

Candidate must have primary residence in Pennsylvania and be able to drive to various locations throughout the geographical boundaries of the Commonwealth of Pennsylvania.

Decision Making: Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature.

This individual will be responsible for presiding over hearings, reaching conclusions based on applying facts in evidence to the relevant law, and writing decisions. Candidates must apply legal principles to individual cases or problems. Candidates must understand and be able to interpret constitutional provisions, statutes, administrative regulations and precedents and to analyze facts, evidence, and precedents and arrive at logical interpretations. Work is performed independently under the general supervision of the Executive Deputy Chief Counsel and an administrative supervisor who review the work after issuance of the adjudication for conformance with established laws, policies and procedures, and program effectiveness. Candidates may perform general law clerk duties as assigned.

Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License

Three years of professional experience in legal research and analysis, and a bachelor’s degree;

or

A Juris Doctor degree from an American Bar Association accredited law school.

Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.

  1. Knowledge of the principles and techniques of conducting quasi-judicial hearings.
  2. Interpret and apply laws to specific appeal cases.
  3. Research, analyze, and verify pertinent data.
  4. Interpret policies, standards, and internal procedures clearly, concisely, and in conformity with Agency policies.
  5. Understand and interpret constitutional provisions, statutes, administrative regulations, and precedents.
  6. Analyze facts, evidence, and precedents and arrive at logical interpretations.
  7. Set forth findings of fact and decisions in written form.
  8. Establish and maintain effective working relationships with appellants, program service providers, and Agency personnel.
  9. Communicate effectively, orally and in writing.