HEARING OFFICER/UNEMPLOYMENT COMPENSATION 21371

7/1/90 B

This is the first class in a series of classes for professional positions responsible for conducting administrative hearings for the Virginia Employment Commission. Positions in this class determine claimant eligibility for monetary and non-monetary unemployment insurance benefits; make the initial determinations of eligibility for unemployment insurance by conducting quasi-judicial proceedings with employers and claimants, analyzing and interpreting evidence, laws, regulations, and precedent decisions; assure that both parties are afforded due process consistent with legal precedent. These determinations become the final agency decision in the absence of appeal. This class has the responsibility for conducting two-party proceedings, where counsel may be present to represent either or both parties, to render expeditious initial determinations for unemployment benefits. This class is distinguished from the Appeal Officer/Unemployment Compensation by the latter's responsibility for first-level, formal appeal hearings which determine whether initial determinations regarding eligibility should be upheld, overturned, or modified.

Complexity of Work: Performs work of considerable difficulty which requires scheduling and conducting two-party proceedings at a local unemployment office or telephonically with claimants, employers, witnesses and legal representatives. The work typically involves reviewing unemployment benefit claims for accuracy; and deliberating and evaluating the evidence provided from all parties to determine the eligibility of claimants for unemployment insurance benefits. Conducts subsequent research of law and precedent decisions before issuing determination. Presides over quasi-judicial proceedings which involves maintaining order and proper decorum; administering oaths upon discretion; defining issues; explaining appeal rights to claimants and employers; interpreting and explaining pertinent laws, regulations and policies; taking testimony and questioning the parties and other witnesses; and documenting evidence and testimony. Independently analyzes and weighs evidence, and interprets and applies laws, regulations, policies, and precedent decisions to issue formal, written determinations based on findings of fact and conclusions of law. Investigates local labor disputes and submits to lower authority appeal for deliberation. Acts as assistant to local office manager by providing direction to local office staff and others on unemployment benefits issues.

Supervision Given: Supervision is typically not a factor; however, positions may advise and direct local office staff on unemployment benefits issues in the absence of local office manager.

Supervision Received: Works under the direction of an Unemployment Compensation Office Manager or an Unemployment Compensation Supervisor B. Independent determinations are made for eligibility and decisions cannot be amended or revised by the supervisor. However, the supervisor provides guidance for uniformity in agency operations.

Scope: Conducts two-party, quasi-judicial proceedings at local office sites and renders initial determinations as to the validity and appropriateness of monetary and non-monetary eligibility benefits. Agency appeals are affected by the reliability and accuracy of initial determinations at this level.

Impact of Actions: Inappropriate analysis and interpretation of evidence, law, regulations, policies and precedent decisions may result in a significant monetary loss to the Unemployment Trust Fund, employer and claimant. Insufficient collection of data could render incorrect determinations which would directly impact the number of cases appealable and could damage the integrity and credibility of the agency.

Personal Contacts: Frequent internal and external contacts with local office employees, claimants, employers, attorneys, witnesses, the general public and members of the business community to obtain or provide information and advice.

Knowledge: Considerable knowledge of the Virginia Employment Compensation Act and related rules and regulations governing eligibility. Working knowledge of the administrative procedures for conducting quasi-judicial proceedings, due process standards, legal terminology and writing style.

Skills: None identified for this class.

Abilities: Demonstrated ability to conduct proceedings 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 proceedings into written report format; and to prepare decisions based on 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 laws, rules 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 revised as a result of the Classification Review/Specification Update Program and replaces the Unemployment Claims Deputy class, effective July 1990.