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9511
ADMINISTRATIVE LAW JUDGE 2
Nature of Work
Under limited supervision, at the advanced level, performs
professional legal work such as conducting quasi-judicial hearings
and writing formal decisions and recommendations on complex cases
arising under regulatory responsibility of the agency. Responsible
for insuring that the litigants are afforded substantive and
procedural due process through the proper scheduling of hearings,
conducting hearings based on rules of evidence, controlling the
making of a record, conducting necessary legal research, and
rendering decisions based on findings of fact and conclusions of
law. Work is reviewed for accuracy and compliance with legal
standards and applicable laws and regulations. Performs related
work as required.
Distinguishing Characteristics
Positions in this class are considered senior examiners or
specialist and have responsibility for complex cases which have
potential for legal precedent or significant social or economic
impact on the issue being adjudicated.
Examples of Work
Reviews case file including applications, petitions, exhibits,
motions, and other pleadings prior to the hearing; conducts
legal research on relevant issues.
Enters procedural orders setting matters for hearing, requiring
public notice of hearing, scheduling pre-hearing conferences,
allowing for discovery, requiring joinder of parties,
requiring filing of prepared testimony, briefs, recommended
findings of facts and conclusions of law, stipulations,
interrogations and depositions, issuing subpoenas,
administering oaths, and ruling upon pre-hearing motions and
objections.
Presides at pre-hearing conferences to simplify issues, amend
pleadings, distribute prepared testimony and exhibits and
determine the procedure to be followed at the hearing.
Conducts administrative hearings; determines evidentiary
questions such as admissibility, competency, relevancy, and
materiality; administers oaths, examines witnesses, governs
the conduct of counsel and controls the making of record.
Drafts formal decision based on findings of fact and conclusions
of law; conducts necessary legal research; cites findings of
fact and applicable law.
Confers with other units of the division to obtain expertise on
technical accounting and engineering matters.
Responds to inquiries from the public, attorneys, courts, and
the press, relating to hearings and legal issues.
Knowledge of the principles of West Virginia law regarding rules
of evidence, pleadings and due process.
Knowledge of legal research techniques.
Knowledge of the statutes and judicial and administrative
decisions interpreting such laws and regulated rules and
regulations.
Knowledge of the constitutional and administrative law
applicable to the agency and its proceedings.
Knowledge of the rules of conduct for formal legal proceedings
and hearings.
Ability to preside over formal hearings involving controversial
issues with fairness, authority and to sustain a proper
judicial temperament.
Ability to effectively analyze complex testimony and regulatory
issues including substantial quantitative information of a
technical and financial nature.
Ability to maintain effective working relationships with the
public, court officials and attorneys.
Ability to communicate effectively, orally and in writing.
Minimum Qualifications
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Training:
Admission to the West Virginia State Bar.
Experience:
Three years of full-time or equivalent part-time
paid experience as an attorney including trial experience or
as an examiner or administrative law judge with an
administrative body, or a judge of a court of record.
Established: 11/21/91
Effective:
12/1/91