HEARINGS EXAMINER

State of New Hampshire

New Hampshire

On-site

USD 49,000 - 70,000

Full time

3 days ago
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Benefits offered by this job

Health insurance
Retirement plan
Wellness program
Paid holidays
Generous leave plan
Life insurance

Job summary

The State of NH seeks a Hearings Examiner within the Department of Health & Human Services, Legal & Regulatory Services, Concord. You preside over administrative hearings for appeals of department decisions across programs, schedule prehearing conferences, promote settlements, and issue orders and decisions.

Applicants must be an attorney with NH Bar in good standing, travel statewide, and meet the minimum qualifications of a bachelor's degree plus significant experience; a trainee status is

Qualifications

  • Education and experience must be as an attorney, with two years of experience in administrative law or concerned with regulatory authority.
  • Bachelor's degree and 8.5 years of experience or equivalent combination of 12.5 years of education and experience after high school.
  • Must be an active member of the New Hampshire Bar Association in Good Standing.

Responsibilities

  • Through the appeals process, reviews existing Department policies as they apply to the administration of programs and services provided by the Department, and determines whether the policies are consistent with current legal requirements and the due process of law.
  • Advises supervisors and managers on the need and probable impact of proposed changes in policy or revisions to existing Department policy, rules and regulations.
  • Schedules and conducts prehearing conferences to define and simplify the issues, identify exhibits and witnesses, facilitate settlement, and address other matters related to the prompt and orderly conduct of the proceeding.
  • Determines the need for formal hearings, arranges for hearings, and ensures that necessary notifications are issued to all parties. Analyzes and interprets Department and federal regulations, State and federal statutes, and State and federal case law.
  • Conducts administrative reviews and finds facts through examinations of parties and witnesses, and review of records and other relevant evidence. Reviews pleadings and motions prior to the hearing to determine salient issues and the best method of resolving the disputes presented in the case. Analyzes conflicting testimony and evidence received during the hearing or review process in order to afford appropriate weight to the testimony and evidence.
  • Presides over hearings, which includes: (a) controlling the conduct of the hearing; (b) recording the hearing; (c) administering oaths or affirmations; (d) receiving testimony; (e) ruling on motions; (f) ruling on the relevance and admissibility of testimony and exhibits; (g) admitting all relevant, reliable evidence; and (h) as necessary, ordering the submission of additional evidence to complete the record.
  • Researches applicable State, federal and case law, and analyzes all conflicting legal requirements. Makes findings of fact and conclusions of law.
  • Drafts and issues prehearing orders, orders on motions, declaratory rulings, proposed decisions and final decisions related to cases heard or reviewed, as applicable.
  • Conducts all aspects of the hearing and review process objectively and with appropriate demeanor. This includes treating all parties and witnesses with respect attendant to the adjudicative process, and explaining the legal procedure to parties appearing without counsel.

Skills

Administrative hearings
Policy analysis
Oral advocacy

Education

Bachelor's degree + 8.5 years experience or 12.5 years education/experience

Job description

State of New Hampshire Job Posting

Department of Health & Human Services

Legal & Regulatory Services

Main Building

105 Pleasant Street

Concord NH

Hearings Examiner

Position #19153

$37.22 - $51.07

Pay and Benefits
  • This position offers a Trainee Status at a pay rate of $35.62 per hour; candidate must meet the minimum qualifications within one (1) year of hire date**
  • See total compensation information at the bottom of announcement.
Summary

Presides over administrative hearings for the Department in appeals of Department decisions or actions involving any program administered, regulated or financed by the Department. Schedules and conducts prehearing conferences, promotes informal settlements, and issues orders and decisions. Develops and recommends policy, drafts rules and regulations, and advises administration on issues related to hearings and program issues that come to light through the appeals process.

YOUR EXPERIENCE COUNTS

Each additional year of approved formal education may be substituted for one year of required work experience and/or each additional year of approved work experience may be substituted for one year of required formal education.

MINIMUM QUALIFICATIONS

Education/Experience: Bachelor's degree and 8.5 years of experience OR equivalent combination of 12.5 years of education and experience after completion of high school. Education and experience must be as an attorney, with two years of experience in administrative law or concerned with regulatory authority.

License/Certification
  • Must be an active member of the New Hampshire Bar Association and in Good Standing.
  • Must possess a N. H. driver's license and liability insurance coverage as required by state law. Requires travel throughout the State to conduct hearings and to fulfill other requirements of position.
Other Requirements

None.

Trainee Option

Candidates with an equivalent combination of 11.5+ years of relevant education and experience after completion of high school may be considered and hired in ‘trainee status’ for this position.

PREFERRED QUALIFICATIONS

None

AFTER-HIRE REQUIREMENTS

None

CAREER ADVANCEMENT OPPORTUNITIES

In-Band Advancement Available: Yes No

Criteria: None

Broad Group Level Advancement Available: Yes No

Criteria: None

DISCLAIMERS

The supplemental job description lists the essential functions of the position and is not intended to include every job duty and responsibility specific to the position. An employee may be required to perform other related duties not listed on the supplemental job description provided that such duties are characteristic of that job title.

When applicable, the work of an employee in trainee status in this position shall be overseen by a fully qualified individual. An employee in trainee status shall meet the minimum qualifications within the period of time specified on the SJD, not to exceed one year of being hired into this position.

Responsibilities
  • Through the appeals process, reviews existing Department policies as they apply to the administration of programs and services provided by the Department, and determines whether the policies are consistent with current legal requirements and the due process of law.
  • Advises supervisors and managers on the need and probable impact of proposed changes in policy or revisions to existing Department policy, rules and regulations.
  • Schedules and conducts prehearing conferences to define and simplify the issues, identify exhibits and witnesses, facilitate settlement, and address other matters related to the prompt and orderly conduct of the proceeding.
  • Determines the need for formal hearings, arranges for hearings, and ensures that necessary notifications are issued to all parties. Analyzes and interprets Department and federal regulations, State and federal statutes, and State and federal case law.
  • Conducts administrative reviews and finds facts through examinations of parties and witnesses, and review of records and other relevant evidence. Reviews pleadings and motions prior to the hearing to determine salient issues and the best method of resolving the disputes presented in the case. Analyzes conflicting testimony and evidence received during the hearing or review process in order to afford appropriate weight to the testimony and evidence.
  • Presides over hearings, which includes: (a) controlling the conduct of the hearing; (b) recording the hearing; (c) administering oaths or affirmations; (d) receiving testimony; (e) ruling on motions; (f) ruling on the relevance and admissibility of testimony and exhibits; (g) admitting all relevant, reliable evidence; and (h) as necessary, ordering the submission of additional evidence to complete the record.
  • Researches applicable State, federal and case law, and analyzes all conflicting legal requirements. Makes findings of fact and conclusions of law.
  • Drafts and issues prehearing orders, orders on motions, declaratory rulings, proposed decisions and final decisions related to cases heard or reviewed, as applicable.
  • Conducts all aspects of the hearing and review process objectively and with appropriate demeanor. This includes treating all parties and witnesses with respect attendant to the adjudicative process, and explaining the legal procedure to parties appearing without counsel.

For further information please contact Heather Cremmen, Senior Administrative law Judge, HEATHER.T.CREMMEN@DHHS.NH.GOV, 603-717-5144.

TOTAL COMPENSATION INFORMATION

The State of NH total compensation package features an outstanding set of employee benefits, including:

HMO or POS Medical and Prescription Drug Benefits:

The actual value of State-paid health benefits and the amount of employee health benefit contributions may vary depending on the type of plan selected and the bargaining unit with which a position is associated.

Other Benefits
  • Dental Plan at minimal cost for employees and their families ($500-$1800 value)
  • Flexible Spending healthcare and childcare reimbursement accounts
  • State defined benefit retirement plan and Deferred Compensation 457(b) plan
  • Work/life balance flexible schedules, paid holidays and generous leave plan
  • $50,000 state-paid life insurance plus additional low-cost group life insurance
  • Incentive-based Wellness Program (ability to earn up to $500)

https://www.das.nh.gov/hr/benefits.aspx

Value of State's share of Employee's Retirement: 12.87% of pay

https://www.das.nh.gov/jobsearch/compensation-calculator.aspx

https://www.das.nh.gov/hr/documents/BenefitBrochure.pdf

https://www.das.nh.gov/hr/index.aspx

EOE

TDD Access: Relay NH 1-800-735-2964

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