ADMINISTRATIVE LAW JUDGE/UNEMPLOYMENT COMPENSATION 21391

7/16/90 B

This is the first class in a series for professional positions responsible for conducting administrative hearings for the Virginia Employment Commission. Positions in this class conduct higher authority, final appeal administrative hearings in unemployment benefit and dislocated worker cases; may conduct a review of the record; and conduct hearings. This class is distinguished from the Administrative Law Judge Senior/Unemployment Compensation by the latter's responsibility for managing final reviews and appeal hearings within the agency.

Complexity of Work: Performs work of considerable difficulty which requires planning for and conducting final agency appeal hearings. The work involves reviewing the transcript of the lower authority appeal determination; conducting legal research to determine whether the law has been properly applied; hearing argument of existing evidence; or conducting hearing to take additional evidence or remand case to lower authority appeal. Presides over hearings which involves maintaining order and proper decorum; administering oaths; explaining appeal rights external of agency; 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 whether lower authority appeal determination should be affirmed, reversed, or modified. Makes initial determination for unemployment tax cases, conducts de novo evidentiary hearings and renders final agency decisions with respect to tax matters. Prepares a written determination, subject to judicial review on further appeal, based on findings of fact and conclusions of law. Confers with supervisor and Assistant Attorney General on decisions under judicial appeal.

Supervision Given: Supervision is typically not a factor.

Supervision Received: Works under the general direction of an Administrative Law Judge Senior/Unemployment Compensation. The supervisor meets with the Administrative Law Judges/Unemployment Compensation to ensure uniform interpretation of law and regulations.

Scope: Conducts final appeal administrative hearings, rendering determinations which affirm, reverse, or modify lower authority appeal determinations. Determinations rendered affect the probability of future appeals to circuit court.

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 to 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 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: 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 Appeals Officer class, effective July 1990.