HEARING MANAGER/ALCOHOLIC BEVERAGE CONTROL 21302

7/16/90 A

This is the second and managerial class in a series for professional positions responsible for the hearing process for the Department of Alcoholic Beverage Control (ABC). Positions review hearing reports and decisions of contested applications for licenses and licensee disciplinary actions after the decisions are released to the parties involved; initiate consent settlement proposals; and conduct fair and impartial quasi-judicial administrative hearings in accordance with the Alcoholic Beverage Control Act, the Administrative Process Act, Regulations and Rules of Practice of the Department of Alcoholic Beverage Control and the Manual for Administrative Law Judges to decide contested applications for licenses, licensee disciplinary actions, and complaints that violations have occurred which are covered by the Beer and Wine Franchise Acts. Decisions may result in granting or denying a license, revoking or suspending a license, or imposing monetary penalties which may be significant in Beer Franchise Act cases. This class is distinguished from the Hearing Officer/Alcoholic Beverage Control by its responsibility for reviewing hearing reports and decisions of contested applications for licenses and licensee disciplinary actions after the decisions are released to the parties involved, and initiating consent settlement proposals.

Complexity of Work: Performs work of considerable difficulty which requires directing ABC administrative hearing proceedings involving contested applications for alcoholic beverage licenses, licensee privileges, permits and licensee disciplinary matters; reviewing hearing reports and decisions after the decisions are released to the parties involved; initiating consent settlement proposals; and conducting hearings of unusual complexity or precedence, as required. Communicates with ABC Board Members and the Deputy Board Member for Regulation on behalf of the Hearing Officers/Alcoholic Beverage Control regarding interpretations of the ABC Act, regulations, policies and administrative law procedures. Reviews for approval all Hearing Officer's written decisions on contested applications for licenses and disciplinary actions on behalf of the Board; refers to the Deputy Board Member for Regulation with comments those written decisions found to be patently wrong, unsupported by sufficient evidence, or to involve some profound questions of policy or precedent; initiates consent settlement proposals; and uses established procedures of the Manual for Administrative Law Judges and apply provisions of the ABC Act, Regulations, Rules of Practice and the Administrative Process Act. Plans, devises and implements new or improved procedures; recommends revisions to statutes and regulations for presentation to the ABC Board and the Virginia Legislature; and resolves hearing and case problems, and delegates authority to the Hearing Officers, as appropriate. Directs work of division employees in the area of personnel management, and evaluates the case log and docket assignment progress. Determines financial, personnel, equipment and facility needs, prepares division budget and maintains division activities with the prescribed budget. Conducts hearings of unusual complexity or precedence, as required.

Supervision Given: Supervises a staff of Hearing Officers/Alcoholic Beverage Control and office support personnel.

Supervision Received: Receives general direction from the Deputy Board Member for Regulation.

Scope: Actions affect the enforcement of ABC laws, rules and regulations and the economic well-being of applicants for ABC licenses, licensees, breweries and wineries.

Impact of Actions: Decisions could seriously impact the department in terms of time, money and public goodwill if ABC laws, rules and regulations are not enforced; and unsound consent settlement proposals are initiated. Effective decisions ensure enforcement of ABC laws, rules and regulations, and initiation of unsound consent settlement proposals.

Personal Contacts: Frequent external contact with licensee, license applicants, Beer and Wine Franchise Act complainants, and other interested parties to ensure effective and fair enforcement of ABC laws, rules and regulations.

Knowledge: Considerable knowledge of the ABC Act, the Administrative Process Act, ABC regulations and Rules of Procedure and the Administrative Law Judge Manual; the organization and functions of the regulation process of the Department of ABC; administrative adjudication procedures; legal reference materials and research methods. Working knowledge of the principles of management and administration.

Skills: None identified for this class.

Abilities: Demonstrated ability to direct an administrative hearing process; to conduct fair hearings, and develop and control the record of proceedings; to ascertain and evaluate case facts and points of law; to interpret and apply ABC laws, rules and regulations, and other applicable laws; to manage the hearing process; to conduct legal research; to prepare written hearing decisions that based on findings of fact; to communicate orally and in writing; to review written judicial decisions for consistency with facts, points of law and precedent, and evidence presented in the hearing; and to develop and maintain working relationships with regulatory personnel, attorneys, license applicants, licensees, beer and wine industry representatives, and the general public.

QUALIFICATIONS GUIDE*

Licenses or Certification: None.

Education or Training: Graduation from an accredited college or university with major course work in law or administrative law.

Level and Type of Experience: Considerable experience in directing administrative hearing proceedings; in interpreting and applying laws, rules and regulations; in conducting legal research; and in writing legal opinions.

An equivalent combination of training and experience indicating possession of the preceding knowledges and abilities may substitute for this education and experience.

This class was revised as a result of the Classification Review/Specification Update Program and replaces the ABC Hearings Chief class, effective July 1990.