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.
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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. Decisions will be written clearly, concisely and accurately applying principles of law to facts gathered from the hearing process. 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 concise and accurate 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 contestants and/or their counsel about issues pertinent to the contest.
- Performing daily case management in processing correspondence and maintaining telephone contact with programs, vendors, partners, and agencies.
- Preparing adjudications and orders upholding or overturning citations for automated enforcement program penalties.
- Participate in meetings regarding the hearing officer team, processes, procedures and policies as required.
- 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.
Individual must have primary residence in Pennsylvania and be able to drive to various locations throughout the geographical boundaries of the Commonwealth of Pennsylvania.
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