State of Maryland

A Hearing Officer III FAMLI Lead/Advanced is the lead or advanced level of work conducting administrative hearings and preparing decisions in the FAMLI Appeals Division, Maryland Department of Labor. Employees in this classification, performing the lead level of work, assign, review and approve the work of and train lower-level Hearing Officers FAMLI. Employees in this classification, performing the advanced level of work, are responsible for more complex cases.

Employees in this classification receive general supervision from a designated administrator.

Positions in this classification are evaluated by using the classification job evaluation methodology. The use of this method involves comparing the assigned duties and responsibilities of a position to the job criteria found in the Nature of Work and Examples of Work sections of the class specification.

The Hearing Officer III FAMLI Lead/Advanced is differentiated from the Hearing Officer II FAMLI in that the Hearing Officer III FAMLI Lead assigns, reviews, and approves the work of and trains lower-level Hearing Officers FAMLI, and the Hearing Officer III FAMLI Advanced is responsible for more complex cases, while the Hearing Officer II FAMLI performs the full range of duties and responsibilities under general supervision.

(When functioning as Hearing Officer III FAMLI Lead)

Assigns, reviews, and approves the work of lower-level Hearing Officers FAMLI;

Trains lower-level Hearing Officers FAMLI;

Conducts administrative hearings and pre-hearing conferences;

Performs research in preparation for the administrative hearings to include reviewing case materials, relevant statutes, and evidence;

Issues pre-hearing orders, subpoenas, administers oaths, examines witnesses, and receives documentary evidence;
Instructs the parties of their rights;

Reviews all pertinent facts surrounding the hearing;

Follows prescribed legal procedures and ensures that due process is maintained throughout hearings;

Evaluates testimony and applies statutes, case law, and program regulations accurately;

Prepares written proposed decisions;

Performs other related duties.

(When functioning as Hearing Officer III FAMLI Advanced)

Conducts administrative hearings and pre-hearing conferences for complex cases;

Writes and issues final decisions on complex cases;

Performs research in preparation for the administrative hearings to include reviewing case materials, relevant statutes, and evidence;

Issues pre-hearing orders, subpoenas, administers oaths, examines witnesses, and receives documentary evidence;

Instructs the parties of their rights;

Reviews all pertinent facts surrounding the hearing;

Follows prescribed legal procedures and ensures that due process is maintained throughout hearings;

Evaluates testimony and applies statutes, case law, and program regulations accurately;

May assign, review, and approve the work of lower-level Hearing Officers FAMLI;

Performs other related duties.

Knowledge of rules and procedures governing trial, court, and administrative hearings;

Knowledge of the procedures, methods, and scope of the judicial review process;

Knowledge of various research and investigative techniques used in the development, preparation, formulation, and presentation of data;

Ability to prepare and conduct hearings;

Ability to analyze and evaluate evidence and render decisions in accordance with the applicable laws, regulations, and rules;

Ability to render legal decisions;

Ability to make decisions and recommendations on the most practical method of correcting inequitable situations;

Ability to prepare and present hearing summaries and decisions;

Ability to handle complex legal and procedural matters;

Ability to provide technical guidance and direction to lower level Hearing Officers FAMLI.

Education: A Juris Doctor degree or equivalent degree from an accredited law school.

Experience: Four years of legal experience involving civil, criminal, or administrative proceedings.

Notes:

1. Candidates may substitute one year of experience administering paid leave programs for one year of the required experience.

2. Candidates may substitute U.S. Armed Forces military service experience as a commissioned officer in judge advocate classification or judge advocate specialty codes in the general attorney field of work on a year-for-year basis for the required education.

1. Candidates for positions in this classification must have membership in the Bar of any state or federal jurisdiction at the time of hire and must become a member of the Maryland Bar within 12 months of hire.

2. Employees in this classification may be assigned duties which require the operation of a motor vehicle. Employees assigned such duties will be required to possess a motor vehicle operator’s license valid in the State of Maryland.

Class specifications are broad descriptions covering groups of positions used by various State departments and agencies. Position descriptions maintained by the using department or agency specifically address the essential job functions of each position.

This is a Professional Service classification in the State Personnel Management System. All positions in this classification are Professional Service positions. Some positions in Professional Service classifications may be designated Special Appointment in accordance with the State Personnel and Pensions Article, Section 6-405, Annotated Code of Maryland.

This classification is assigned to Bargaining Unit G-Engineering, Scientific and Administrative Professionals classes. As provided by the State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, managerial, and confidential employees are excluded from collective bargaining. Additionally, certain executive branch agencies are exempt from collective bargaining, and all positions in those agencies are excluded from collective bargaining.