State of Maryland

ADMINISTRATIVE LAW JUDGE (#005266)

- Hourly / - BiWeekly /
- Monthly / $75,085.00-$120,561.00 Yearly


GRADE

24

CLASS ATTRIBUTES

PROFESSIONAL SERVICE BARGAINING UNIT:X

NATURE OF WORK

An Administrative Law Judge is advanced level of professional work for the Office of Administrative Hearings conducting formal contested case administrative hearings and preparing recommended or final decisions. Employees may serve as a liaison between the Office of Administrative Hearings and one or more of the State’s executive agencies. Employees in this classification may serve as a team leader or as a Subject Matter Expert, reviewing decisions of other Administrative Law Judges. Employees in this classification do not supervise but may provide advice and guidance to lower-level Administrative Law Judges and support staff.

An Administrative Law Judge receives general supervision and direction from the Chief Administrative Law Judge or other higher-level administrator. The work may require travel to local or regional offices of various State agencies.

Position placement to this classification is determined by 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 a classification specification.

The Administrative Law Judge is differentiated from the Chief Administrative Law Judge in that the Chief Administrative Law Judge is the lead level at the agency.

EXAMPLES OF WORK

Schedules conferences, status conferences, motions hearings and other proceedings in accordance with the requirements of State law and departmental regulations;

Receives and evaluates appeals and request for administrative hearings;

Acts as a presiding officer at complex contested case administrative hearings, such as cases involving Motor Vehicle Administration, involuntary admission to institutions, professional licensing and mining and water management permits and enforcement;

Analyzes the facts presented relative to the applicable statutes, regulations, policies and precedents;

Performs research in preparation for the administrative hearings;

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

Instructs the parties of their rights;

Hears argument and permits the filing of legal briefs, proposed findings of fact and proposed conclusions of law;

Rules on objections, motions and the admissibility of evidence;

Considers and rules on motions to compel discovery, motions for protection from discovery and appropriate sanctions;

Conducts pre-hearing conferences to limit issues, combine parties and representation, accept stipulations, determine order of presentation and to address other aspects of the hearing;

Issues prehearing orders, scheduling orders, discovery orders and other orders to govern the conduct of the hearing;

Determines the credibility of witnesses and evidence introduced at the hearing;

Directs the qualification of medical or scientific expert witnesses;

Exercises independent judgment in determining proposed or final findings of fact and conclusions of law;

Determines or recommends the proposed or final decisions in cases;

Drafts proposed or final findings of fact and conclusions of law;

Conducts pre-hearing conferences to limit and clarify issues, evidentiary disputes, combine parties and representation, accept stipulations, determine order of presentation and to address other aspects of the hearing;

Requires compliance of out-of-state attorneys with Rule 20(c) of the Rules Governing Admission to the Bar;

May review proposed legislation and regulations for procedural sufficiency and for fiscal impact on the Office of Administrative Hearings;

May serve as principal contact with one or more executive agencies;

May serve as the leader of a team of Administrative Law Judges for a specific area or purpose;

Performs other related duties.

MINIMUM QUALIFICATIONS

Education: Juris Doctorate degree from an accredited School of Law and admission to the Bar of any state or federal jurisdiction.

Experience: Two years of experience conducting formal contested case administrative hearings and preparing recommended or final decisions with demonstrated knowledge of the Administrator Procedures Act (APA), Code of Ethics, Office of Administrative Hearings (OAH) Rules of Procedure, Rules of Evidence, proper demeanor, and interpretation of regulations, statutes, and policy and certification in Motor Vehicle Administration (MVA), Involuntary Admission (IVA) and complex cases. Certifications include, but are not limited to: Personnel, Child Support Enforcement Administration (CSEA), Entitlements, Insurance, Department of Human Resources (DHR) (service), Department of Health and Mental Hygiene (DHMH) (agency), Inmate Grievances and Department of Labor, Licensing and Regulations (DLLR) (occ).

Note: The above requirements are set by the Office of Administrative Hearings in accordance with State Government Article, Section 9-1604(a).

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

GENERAL REQUIREMENTS

Education: Juris Doctorate degree from an accredited School of Law and admission to the Bar of any state or federal jurisdiction.

Experience: Two years of experience conducting formal contested case administrative hearings and preparing recommended or final decisions with demonstrated knowledge of the Administrator Procedures Act (APA), Code of Ethics, Office of Administrative Hearings (OAH) Rules of Procedure, Rules of Evidence, proper demeanor, and interpretation of regulations, statutes, and policy and certification in Motor Vehicle Administration (MVA), Involuntary Admission (IVA) and complex cases. Certifications include, but are not limited to: Personnel, Child Support Enforcement Administration (CSEA), Entitlements, Insurance, Department of Human Resources (DHR) (service), Department of Health and Mental Hygiene (DHMH) (agency), Inmate Grievances and Department of Labor, Licensing and Regulations (DLLR) (occ).

Note: The above requirements are set by the Office of Administrative Hearings in accordance with State Government Article, Section 9-1604(a).

ACKNOWLEDGEMENTS

Class specifications broadly define 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 individual position.

This is a professional service classification in the State Personnel Management System. All positions in this classification are professional service positions. Positions in this professional service classification are designated special appointment in accordance with the State Government Article, Section 9-1605 (a) (1).

Class Specifications for Professional Service classes designated special appointment provide information about the Nature of Work, Examples of Work and General Requirements. The Required Knowledge, Skills, and Abilities; Minimum Education and Experience Requirements; Special Requirements; and recruitment and testing procedures are set by the using agency.

This classification is not assigned to a bargaining unit as indicated by the designation Of X (Used by agency or excluded by executive order). As provided by State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, supervisory, managerial and confidential employees are excluded from collective bargaining.

Date Revised

08/01/2014

Approved By

Director, Division of Classification and Salary

CLASS: 005266; EST: ; REV: 8/1/2014;

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