APPEAL OFFICER/UNEMPLOYMENT COMPENSATION 21372

7/16/90 B

This is the second class in a series of classes for professional positions respon-sible for conducting administrative hearings for the Virginia Employment Commission. Positions in this class conduct lower authority, first-level appeal administrative hearings to determine whether initial determinations regarding eligibility for unemployment compensation benefits and related programs should be upheld or overturned. This class is distinguished from the Hearing Officer/Unemployment Compensation class by the responsibility for conducting appeal hearings of unemployment eligibility benefits. This class is distinguished from the Appeal Manager/Unemployment Compensation by the latter's responsibility for managing the lower authority first level appeal administrative hearing program and supervising a staff of Appeal Officers/Unemployment Compensation.

Complexity of Work: Performs work of considerable difficulty which requires preparing for and conducting hearings statewide. The work typically involves reviewing case materials from initial determination to prepare for hearing. Researches laws, regulations, policies, and precedent decisions as applicable to individual cases. 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; explaining appeal rights; 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 laws; and recording evidence and testimony. Reviews requests and makes decisions on withdrawals, postponements and continuances of scheduled hearings. Conducts telephonic hearings as required. Makes initial or appeal determinations for cases affected by other federal laws, such as the Trade Readjustment Act, and the Migrant Seasonal Farm Workers and Dislocated Worker Programs. Independently analyzes and interprets evidence, laws, regulations, policies and precedent decisions to determine appropriate and legally sound conclusions. Prepares written decisions based on findings of fact and conclusions of law.

Supervision Given: Supervision is typically not a factor.

Supervision Received: Works under the direction of an Appeal Manager/Unemployment Compensation who reviews written determinations for quality control purposes; occasionally observes a hearing and periodically meets with the Appeal Officers to discuss and promote uniform interpretation of laws and regulations.

Scope: Conducts lower authority administrative hearings to determine whether appropriate to uphold or overturn initial determination of eligibility for unemployment compensation benefits and issues written determinations to claimant and the employer.

Impact of Actions: Inappropriate analysis and interpretation of additional 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. The claimant may also suffer significant costs in time and money if the case is appealed within the agency and ultimately to the circuit courts. Significant costs may be incurred by the agency in terms of public goodwill.

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

Knowledge: Considerable knowledge of the Virginia Unemployment Compensation Act and related rules and regulations governing eligibility; and of the administrative procedures for conducting hearings, due process standards, legal research metho-dology, 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 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 related field.

Level and Type of Experience: Considerable experience working with and interpreting relevant laws, rules and regulations and experience in conducting hearings.

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 Compensation Hearings Officer class, effective July 1990.