Hearing Officer 1, Assistant Hearing Officer, Assistant Attorney 2 - Albany (NY HELPS)

Duties Description

Under the direction of an Associate Attorney and Supervising attorney, a Hearing Officer provides expert legal adjudicative services to the Department of Labor (Department) for the various program areas it serves. These services include, but are not limited to; analyzing legal issues, researching statutes, decisions, opinions, case law and other sources for use in the preparation of issuance of reports and recommendations; determinations and orders. A Hearing Officer will engage in various levels of dispute resolution and will preside over administrative hearings, mediations and/or compliance conferences.

The duties may include, but may not be limited to:

• Review fair hearing requests to determine probable issues and apply the appropriate regulations and sections of law.
• Manages hearing calendars to ensure all cases are heard and decided in a timely manner as prescribed by applicable statute.
• Analyzes data to discover facts in case. Research laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions.
• Conduct fair and impartial administrative hearings, on behalf of the Commissioner of Labor. The hearings involve multiple areas of the Labor Law, and include issues such as recovery of wages, revocation or suspension of licenses, violations of state laws, and enforcement of health and safety laws and regulations.
• During hearings, protect due process, instructs parties of their rights, and maintain an atmosphere of fairness, impartiality, serenity and due process.
• Administer oaths and affirmations, issue, or causes to be issued, subpoenas for the attendance of witnesses and the production of necessary books, records and other documents.
• Evaluates evidence, elicit relevant testimony from parties relative to the issues of the hearing, questions witnesses to obtain facts and determine credibility of witness and weight of evidence.
• 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 all exhibits produced.
• Maintains an official record of the hearing proceeding for use in determining the facts and for litigation. Makes findings of fact and conclusions of law.
• Applies appropriate laws, regulations and policies to the facts and evidence, and draw appropriate conclusions to the issue at hand.
• Decides the issue being adjudicated as authorized by the applicable statue or rule. Drafts written report and recommendations, orders and determinations.
• Rendering or recommending written decisions, which may require researching court cases, legal interpretations and citations which are pertinent to the issues, and analyzing data and researching laws, regulations, policies, and precedential decisions.
• Complete all assigned hearings and draft timely and accurate recommended decisions with the time prescribed by the Chief Administrative Law Judge.
• Explain to parties how to appeal unfavorable rulings or how to work through the administrative process.
• 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.
• Preside over settlement conferences involving alleged violations of certain worker protection laws which may include laws concerning minimum wage, child labor, safety and health and retaliation.
• Recommends the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions.
• May assist in defending lawsuits regarding hearing decisions in Article 78 Appeals by providing support to the New York State Attorney General’s Office in these proceedings by developing the record and reviewing briefs and other supporting documents presented by the Attorney General’s Office.
• Review and analyze records to ensure the Department’s compliance with applicable laws and regulations related to records access, confidentiality, and personal privacy.
• Conduct legal research of statutes, decisions, opinions, case law and other legal sources in order to reach legal decisions and/or determinations.
• Other legal assignments as may be appropriate.

We offer telecommuting and alternative work schedules to eligible employees. Eligible employees may be approved to telecommute, if operationally feasible, up to 2 days per regular work-week, and not to exceed 4 days per two-week pay period. Telecommuting can be discussed at the time of interview.

Minimum Qualifications

Qualified candidates should copy the below web address into your browser to complete the online application for the Department of Labor.

Ny-helps Non-competitive Minimum Qualifications:

Qualifications for Assistant Attorney 2:

Admission to NYS Bar

Qualifications For Assistant Hearing Officer:

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

Qualifications For Hearing Officer 1:

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.

It is expected that employees hired under NY HELPS will have their non-competitive employment status converted to competitive status in the future, 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. If you are interested in the NY-HELPS program, or this position, you may reply to this vacancy posting, or you may visit the New York State Department of Civil Service website at (copy and paste in browser) to register today, in three easy steps.

Competitive Minimum Qualifications:

To be considered for this position, a review of your state history is needed. Please provide the last four digits of your social security number in your email response or on your resume. If you are not comfortable providing this information in your response, a representative from our office will contact you via phone.

Admission to the New York State Bar and current registration to practice law in New York State is necessary for continued employment. Disbarment or loss of registration shall result in termination or suspension of employment.

Candidates Reachable On The Civil Service Eligible List(s) Will Be Canvassed. However, You May Also Apply If You Are Eligible For Appointment By One Of The Following Qualifications:

REASSIGNMENT QUALIFICATIONS: Current New York State Department of Labor employee with one year or more of permanent, contingent-permanent or 55 b/c service as a Hearing Officer. An employee with less than one year of permanent competitive service is eligible for reassignment to a different geographic location if reachable for appointment in the new location.

52.6 TRANSFER QUALIFICATIONS: Current State employees may qualify for transfer if you have one year of permanent competitive service in a title allocated to a Grade 23 or above and your title is designated “Administrative” under Section 52.6 of the Civil Service Law. *

• Transfer candidates must also possess a law degree from an accredited college or university and be able to provide evidence of current registration to practice law in New York State.
• Transfer candidates qualify for one consecutive upward transfer of one M grade or two salary grades.

NOTE: A comprehensive list of titles approved for transfer to Hearing Officer is available through Civil Service GOT-IT available at

Preferred Qualifications:

Ability to initiate and maintain relationships across a diverse set of stakeholders.

Additional Comments

Position specific job duties may include occasional altered work schedule or job assignments which require availability and willingness to work occasional evenings and/or out-stationed assignments.

Candidates with no previous state service will begin at the starting rate of the salary range listed above.

If you are a current NYS employee and have questions regarding salary, please contact the Business Services Center (BSC): 518-457-4272, [email protected].

Telecommuting is available and can be discussed during the interview.

Employment at the Department of Labor is contingent upon the maintenance of a valid work authorization and necessary documentation to work legally in the United States.

Please note: Due to operational requirements and funding considerations of various divisions/positions, there could be occasions in the future where unit assignments may change. Should this occur, it will not impact your title, salary or location.

We Offer a Comprehensive Benefits Package, Including:

• 13 paid holidays, 5 personal days, and a minimum of 13 vacation days per year
• Paid sick leave (CSEA and PEF employees- 13 days; M/C employees- 8 days plus free enrollment into the Income Protection Program for short-term and long-term disability coverage).
• Choice of several affordable and competitive health insurance plans
• Dental and vision insurance plans at no additional cost
• Membership in the NYS Employee’s Retirement System
• NYS Deferred Compensation Investment Plan
• Eligibility to apply for Public Service Loan Forgiveness (PSLF) (full-time employees)
• Eligibility to apply for tuition reimbursement for qualifying employees and courses
• Paid Parental Leave

Our mission is to provide outstanding services to our customers—the workers and business that call New York home. We help New Yorkers find careers they will love. We build and support New York’s businesses. We empower and protect New York’s workers. To learn more about our mission and the exciting work of the DOL, please visit:

DOL is committed to fostering employee engagement and work-life balance. We offer telecommuting and alternative work schedules to eligible employees. Eligible employees may be approved to telecommute, if operationally feasible, up to 2 days per regular work-week, and not to exceed 4 days per two-week pay period. Telecommuting can be discussed at the time of interview. Our exciting training and development opportunities, including Coursera and our formal Employee Recognition Program allow us to develop, recognize, and celebrate our workforce.

Please note that specific benefits and programs may vary based on negotiating unit, current contract, length of State service, and program area.