Hearing and Legal Services, #19070
Occupational Family: Administrative Services
Pay Band Range: 4 - 7
Concept of Work
This Career Group provides career
tracks for legal assistants,
lawyers, hearing officers, and administrative
law judges that conduct or manage administrative
hearings for agencies, provide legal services for agencies, and/or provide
legal advocacy services for special client groups. Employees perform responsibilities
that range from entry level professional to senior level management. Employees
representing clients and providing legal services must have required law
degree.
Roles Comprising This Group
These roles describe the collective
characteristics of the work performed by employees in the Hearing
and Legal Services Career Group. The roles define
the typical career paths for employees who pursue careers as legal
assistants, lawyers, hearing officers, and
administrative law judges.
Although all of these occupations are related, each warrants
a separate career track. Each of these career paths requires different
knowledge, skills, and abilities and would not naturally lead to the other
for career progression. However, a role for each of these occupations
represents different levels of work, or career progression. Career paths
may exist within a single role, extend to other roles in the Career Group,
or to roles in other occupationally related Career Groups.
PAY BAND
|
PRACTITIONER ROLES
|
ROLE CODE
|
MANAGEMENT ROLES
|
ROLE CODE
|
4
|
Hearing and Legal
Services Officer I
|
19071
|
|
|
5
|
Hearing and Legal
Services Officer II
|
19072
|
Hearing and Legal
Services Manager I
|
19074
|
6
|
Hearing and Legal
Services Officer III
|
19073
|
Hearing and Legal
Services Manager II
|
19075
|
7
|
|
|
Hearing and Legal
Services Manager III
|
19076
|
Role Descriptions
These roles are distinguished based upon the Compensable
Factors of Complexity, Results, and Accountability and are used for position
classification. These factors should be used for classification and compensation
analysis. Recruitment and selection standards must be based on knowledge,
skills, and abilities as indicated in the Employee Work Profile.
Hearing and Legal Services Officer I
|
Code: 19071
|
Pay Band: 4
|
SOC: 23-1021*,
and 23-2011
|
The Hearing
& Legal Services Officer I role provides
career tracks for
hearing officers
to include: those who are responsible for scheduling and conducting administrative
hearings, those who determine eligibility and qualification for benefits,
determine whether disciplinary infractions have occurred, or conduct investigations
to substantiate or clear any indication of overpayment and/or fraud. Employees’
hearing officer’s responsibilities range from entry level to journey level.
This role also provides career tracks
for advanced-level legal assistants
responsible for reviewing and analyzing investigative reports, preparing
legal documents, and presenting cases before a presiding officer or board.
Hearing and Legal Services Officer I
COMPLEXITY
|
- Schedules and conducts hearings and investigations.
- Applies knowledge of guidelines, laws, rules, and regulations
related to area of work.
- Applies knowledge of administrative hearing procedures and Administrative
Process Act.
- Contacts include hearing participants and attorneys to obtain
or provide information and advice.
- May independently prepare cases of fraud and overpayment, recovery
fund, and licensee violations and present them in courts of law.
|
RESULTS
|
- Decisions rendered can have monetary or impact on morale but
are subject to appeal.
- Quality of decisions impacts agency appeals workload.
- Preparation of case and legal documents and presentation will
stand up to the scrutiny of other courts.
|
ACCOUNTABILITY
|
- May independently conduct hearings and render decisions; others
serve as chairperson for committee hearings, thus sharing responsibility
for decisions made.
- May provide program-specific guidance to other staff.
- May independently analyze evidence to determine if: evidence
supports charges; all legal documents are legally and factually
prepared; and case is presented so that hearing officer or board
members can make an informed decision.
|
These two roles provide a dual career track for hearing
officers and lawyers.
Hearing and Legal Services
Officer II
|
Code: 19072
|
Pay Band: 5
|
SOC: 23-1021*
and 23-1011*
|
Hearing and Legal Services
Manager I
|
Code: 19074
|
Pay Band: 5
|
SOC: 11-9199*
|
The Hearing
and Legal Services Officer II role provides
career tracks for hearing officers
and lawyers performing
responsibilities ranging from journey level to advanced level. The first
career track is for hearing officers who conduct administrative hearings
for agencies and are typically an appeal level hearing or one where the
hearing officers have the final administrative decisions before going
to an appeal court. The second career track is for lawyers that provide
legal services for agencies and/or serve as advocates for specific client
groups.
Hearing and Legal Services Officer II
COMPLEXITY
|
- The range of hearing officers’ tasks includes conducting informal
and formal hearings, rendering written decisions, and determining
civil penalties.
- The range of lawyers’ responsibilities includes conducting legal
research, litigating cases in courts of law, and negotiating and/or
legally resolving alleged violations of clients' legal rights.
- Lawyers providing legal services require a law degree.
- Lawyers may represent clients in state & federal courts.
- Applies knowledge of laws, rules and regulations affecting subject
area.
- Applies knowledge of administrative procedures for conducting
hearings, due process standards, and legal research methods.
- Contacts by hearing officers include agency representatives,
appellants, attorneys, and clients to obtain and provide information
and advice, issue subpoenas, and schedule and administer hearings.
- Contacts by lawyers include clients, attorneys, courts, advocacy
organizations, consumers, service providers, and agency representatives
to obtain and provide information and advice, conduct training,
and provide advocacy and legal assistance.
|
RESULTS
|
- Performance of hearing, legal and advocacy work impacts the
safety and the financial and medical well being of clients; agency
costs in benefits and appeals; and public goodwill.
- Work affects benefits, licenses, and other services received
by clients/appellants.
|
ACCOUNTABILITY
|
- Independently renders decisions based on findings of fact and
conclusions of law. Many decisions are reversible only on appeal
in court.
- May represent an agency or special client group in mediation,
negotiation, and/or court proceedings.
- Supervision received is typically in the form of quality control
review or general direction.
|
The Hearing
and Legal Services Manager I role provides career
tracks for managers that
administer formal and informal appeals hearings programs. Employees ensure
that the programs function according to pertinent laws and regulations;
develop agency program policies and procedures; and may recommend changes
in statutory requirements.
Hearing and Legal Services Manager I
COMPLEXITY
|
- Ensures the consistent interpretation, application, and execution
of state and federal laws, rules, and regulations.
- Applies knowledge of administrative procedures for hearings,
due process standards, and applicable rules, laws, and regulations.
- Applies knowledge of managerial principles and practices.
- Contacts include agency management, attorneys, the general public,
and members of the business community to obtain and provide information
and advice, issue subpoenas, and schedule hearings.
|
RESULTS
|
- Effective oversight of the hearing program will result in accurate
and consistent decisions made by hearing officers.
- Improper oversight could pose financial and safety problems
to individuals or the community, threaten the integrity of the
agency, and lead to costly appeals.
|
ACCOUNTABILITY
|
- Typically supervises hearing officers.
- Independently makes program decisions, but generally receives
direction from a higher level administrator on policy issues.
- Manages personnel, including training, evaluating, and assigning
work.
- May conduct a limited number of administrative hearings.
- Ensures that the hearing process functions in accordance with
statutory provisions, regulations, and agency guidelines governing
the related programs.
|
These two roles provide a dual career track for hearing
officers and lawyers.
Hearing and Legal Services
Officer III
|
Code: 19073
|
Pay Band: 6
|
SOC: 23-1021*
and 23-1011*
|
Hearing and Legal Services Manager II
|
Code: 19075
|
Pay Band: 6
|
SOC: 11-9199*
|
The Hearing
and Legal Services Officer III role provides
career tracks for administrative
law judges and lawyers
who serve as experts. The administrative law judge conducts administrative
hearings for agencies and renders the final decision. The lawyers provide
expert legal services for agencies; or serve as advocates and attorneys
for specific client groups.
Hearing and Legal Services Officer III
COMPLEXITY
|
- Plans and conducts final agency appeal hearings.
- Applies knowledge of agency program areas and the related body
of laws and policies, as well as the regulatory process and the
administrative hearing process.
- Lawyers’ duties include conducting legal research; analyzing
evidence; interpreting and applying laws, regulations, policies,
and procedures; negotiating settlements, conducting mediation
sessions, representing clients, advising others on legal issues
and training law enforcement agencies.
- Lawyers providing legal services require a law degree.
- Demonstrated ability to interpret local, state, and federal
law, case law, and policies affecting clients and/or programs
statewide.
- Contacts include clients, agency management, federal and state
officials, attorneys, and the Office of the Attorney General to
provide or obtain information, conduct training, and provide assistance.
|
RESULTS
|
- Thoroughness of research and correct interpretation and application
of laws, policies, and procedures have a major effect on monetary
recovery, reimbursement, or benefits; on cases qualified for appeal;
and on the integrity and credibility of the agency and hearing
process.
- Appropriate training provided may affect the accuracy and quality
of legal actions.
|
ACCOUNTABILITY
|
- General direction is received from a hearing manager or other
administrator.
- Requires thorough, accurate, and objective analysis and evaluation
of facts, evidence, and law in order to make legally sound and
defensible recommendations and judgments.
- Independently renders final rulings and makes decisions which
set legal precedents.
|
The Hearing
and Legal Services Manager II role provides
career tracks for managers
involved in planning and directing the administration of divisional operations
for the first-level appeals process. Employees provide administrative
direction to a major agency division having first level client appeals
responsibility and have overall management responsibility for a staff
of hearing managers, hearing officers and support staff.
Hearing and Legal Services Manager II
COMPLEXITY
|
- Directs the activities of a client appeals division and reviews
and adjudicates complex appeals.
- Applies knowledge of the law and legal system, administrative
law and appeals procedures, and of relevant statewide programs
in accordance with applicable state and federal rules, laws and
regulations.
- Applies knowledge of office administration and management and
budgeting principles.
- Contacts include federal and state officials, attorneys, constituents
and clients, and the Office of the Attorney General to respond
to inquiries and to provide information.
|
RESULTS
|
- Implements uniform procedures and policies to ensure efficient
and effective first level appeals programs.
- Errors or misjudgments in analyzing hearing decisions may result
in legal actions, payment for non-covered services, or threats
to the integrity of the agency.
|
ACCOUNTABILITY
|
- Broad range of decision-making authority using independent judgment.
- Receives administrative direction from the agency director.
- Directs the work of hearing managers, hearing officers, and
support staff.
|
Hearing and Legal Services Manager III
|
Code: 1906
|
Pay Band: 7
|
SOC: 11-9199*
|
The Hearing
and Legal Services Manager III role provides
career tracks for managers
involved in directing staff in a two-tier adjudication process of an agency
or in managing a staff that provides legal advocacy services to a specific
client group.
Hearing and Legal Services Manager III
COMPLEXITY
|
- Plans, administers, and directs an appeals program or addresses
the rights of specific client groups.
- Applies knowledge of applicable state and federal laws, rules
and regulations; fair and impartial hearing procedures; and due
process requirements.
- May require a law degree.
- Applies knowledge of court processes.
- Contacts include attorneys, constituents and clients, advocacy
organizations, consumers, service providers, agency representatives
and the Office of the Attorney General to prepare court cases,
discuss legal matters, and provide information.
|
RESULTS
|
- Effective direction of programs results in uniform interpretation
of laws and regulations and timely disposition of cases in compliance
with federal and agency standards.
|
ACCOUNTABILITY
|
- Broad range of decision-making authority using independent judgment.
- Receives direction from the agency head.
- Makes final appeals decisions subject only to judicial review
or makes final decisions on the provision of expert advocacy services.
- Directs the work of a staff engaged in hearings and legal activities.
|
*Statistical Reporting
This Career Group includes, but is not limited to the following Standard
Occupational Classifications:
- Managers, All Others
- Lawyers
- Administrative Law Judges, Adjudicators, and Hearing Officers
23-2011 Legal Assistants
New Effective Date: 11/01/01
History
(Previous class titles listed by new role title).
Hearing and Legal Services Officer I
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21201
|
Hearing Officer/Corrections Inmate
|
9
|
21371
|
Hearing Officer/Unemployment Compensation
|
11
|
Hearing and Legal Services Officer II
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21221
|
Hearing Officer/Disability Determination
|
12
|
21261
|
Hearing Officer/Social Services
|
12
|
21301
|
Hearing Officer/Alcoholic Beverage Control
|
12
|
21321
|
Hearing Officer/Motor Vehicles
|
12
|
21341
|
Hearing Officer/Medical Assistance
|
12
|
21361
|
Hearing Officer-Informal/Reclamation
|
12
|
21372
|
Appeal Officer/Unemployment Compensation
|
12
|
22125
|
Staff Attorney
|
12
|
21362
|
Hearing-Assessment Coordinator/Reclamation
|
13
|
22126
|
Staff Attorney Senior
|
13
|
22141
|
Attorney/Protection and Advocacy
|
13
|
22142
|
Attorney II/Protection and Advocacy
|
14
|
Hearing and Legal Services Officer III
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21351
|
Administrative Law Judge/Human Services
|
15
|
23506
|
Medicaid Cost Settlement Agent
|
15
|
28153
|
Criminal Justice Court Systems Officer
|
15
|
71141
|
State Police Legal Specialist
|
15
|
21391
|
Administrative Law Judge/Unemployment Compensation
|
16
|
22143
|
Attorney III/Protection and Advocacy
|
17
|
Hearing and Legal Services Manager I
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21222
|
Hearing Manager/Disability Determination
|
14
|
21262
|
Hearing Manager/Social Services
|
14
|
21302
|
Hearing Manager/Alcoholic Beverage Control
|
14
|
21322
|
Hearing Manager/Motor Vehicles
|
14
|
21342
|
Hearing Manager/Medical Assistance
|
14
|
21373
|
Appeal Manager/Unemployment Compensation
|
14
|
Hearing and Legal Services Manager II
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21343
|
Hearing Director/Medical Assistance
|
15
|
Hearing and Legal Services Manager III
CLASS CODE
|
CLASS TITLE
|
GRADE
|
21392
|
Administrative Law Judge Senior/Unemployment
Compensation
|
18
|
22144
|
Attorney Manager/Protection and Advocacy
|
18
|
|