HEARING OFFICER/MOTOR VEHICLES 21321

7/16/90 B

This is the first class in a series for professional positions responsible for administrative hearings in the Department of Motor Vehicles (DMV). Positions determine whether motorists', dealers', salespersons' or demolishers' license or certification privileges should be denied, revoked or suspended, or to determine whether motorists' orders of suspension should be cancelled or reinstated. Positions in this class preside over hearings, deliberate evidence and recommend hearing decisions to the Department of Motor Vehicles' (DMV) Commissioner. This class is distinguished from the Hearing Manager/Motor Vehicles by the responsibility for conducting hearings as opposed to managing and administering the agency's hearing program.

Complexity of Work: Performs work of considerable difficulty which requires planning for and conducting hearings statewide. The work typically involves reviewing data from files, correspondence and computer printouts to determine the necessity for a hearing and the proper charges to be made against an individual. Prepares and issues notices of hearings which include information on the basic issues in question. Determines the necessity of witnesses and arranges for subpoenas to be issued as required. Presides over hearings which involves maintaining order and proper decorum; administering oaths; defining issues; interpreting and explaining pertinent laws, regulations and policies; taking testimony, questioning and cross-examining witnesses; ruling on objections, admissibility of evidence, and other matters of law; and recording evidence and testimony. Independently analyzes and interprets evidence, laws, regulations, policies and precedent decisions to determine appropriate and legally sound conclusions. Prepares written recommendations based on findings of fact and conclusions of law.

Supervision Given: Supervision is typically not a factor.

Supervision Received: Works under the direction of the DMV Hearing Manager/Motor Vehicles. The supervisor reviews written hearing recommendations for quality control purposes, occasionally observes a hearing and periodically meets with the hearing officers to discuss and promote uniform interpretation of laws and regulations.

Scope: Conducts administrative hearings statewide and recommends decisions to the DMV Commissioner regarding driver improvement, driver licensing, financial responsibility, motor vehicle dealers/salesman regulatory, demolisher, and sales and use tax hearings.

Impact of Actions: Erroneous denial, revocation or suspension of licenses or certificates of registration or the failure to properly revoke, suspend or uphold the denial of licenses or certificates of registration may pose a financial or safety problem for the individual or the community or could fail to protect the community from unscrupulous conduct and could threaten the integrity and credibility of the agency.

Personal Contacts: Frequent internal and external contacts with Department of Motor Vehicles' employees and other agencies' employees, attorneys, the general public and members of the business community to obtain and provide information and advice, issue subpoenas and schedule hearings.

Knowledge: Considerable knowledge of the motor vehicle laws of Virginia, of related statutes and of agency regulations. Working knowledge of the administrative procedures for conducting hearings, due process standards, legal research methodology, terminology and writing style.

Skills: None identified for this class.

Abilities: Demonstrated ability to conduct fair hearings and control the record; to ascertain and evaluate facts; to read, explain and apply related laws and agency regulations; to analyze information; to prepare and manage a caseload; to conduct legal research; to compile and organize hearing proceedings into written report format; to prepare recommended hearing decisions based on hearing findings; to work independently; to communicate effectively both orally and in writing; and to work effectively with the public, members of the business community and other employees.

QUALIFICATIONS GUIDE*

Licenses or Certification: None.

Education or Training: Graduation from an accredited college or university with course work in business, public administration, law or a related field.

Level and Type of Experience: Some experience working with and interpreting relevant statutes and regulations.

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 validated as a result of the Classification Review/Specification Update Program and replaces DMV Hearing Officer, effective July 1990.