Administrative Law Judge II

Job Description

Administrative Law Judge II

The Administrative Law Judge (ALJ) position performs advanced legal and appellate work for the two (2) HHS agencies. The work involves conducting contested case hearings under the Texas Administrative Procedure Act and grievance hearings under the HHSC Human Resources Manual as well as performing Administrative Reviews of Fair and Fraud Hearing Decisions pursuant to the Texas Government Code.

The ALJ schedules hearings; travels to conduct hearings; conducts prehearing and other conferences; presides at hearings; rules on discovery disputes, motions, and admissibility of evidence; analyzes testimony and evidence presented in hearings; and issues appropriate orders and final decisions, including findings of fact and conclusions of law. The ALJ’s work also involves directing and planning legal activities, overseeing the preparation of legal documents, interpreting laws and regulations, and demonstrating judicial temperament in all actions. The ALJ works under limited supervision with considerable latitude for use of initiative and independent judgment.

Essential Job Functions

Attends work on a regular and predictable schedule in accordance with agency leave policy and performs other duties as assigned.

Conducts Multiple Types Of Complex Hearings Concerning More Than 40 Different Programs Or Agency Operations Areas, Including Grievance Proceedings For All HHS Agencies Including The Following

I. Conducts grievance hearings (20%) and

II. Conducts Employee Misconduct Registry Hearings (20%)

Which Consist Of The Following Tasks

• Manages decorum of courtroom, maintaining control of attorneys, witnesses, and clients
• Manages and oversees process of litigation
• Swears in witnesses
• Listens to testimony
• Rules on objections
• Determines if elements of a case are proven in accordance with burden of proof
• Determines evidentiary disputes
• Analyses complex legal issues relating to HHSC program policies
  
  

Writes final decisions in contested cases and grievance proceedings, including findings of fact and conclusions of law, acting as the designee of the Executive Commissioner, (25)%

Manages a complex hearings docket of cases by tracking, monitoring, planning, coordinating and scheduling activities to ensure that all state and federal statutes, rules and regulations are met with respect to the hearings process, (15%)

Conducts prehearing and other conferences to rule on motions and admissibility of evidence and to determine the discovery and hearings schedule, (5%)

Conducts Administrative Reviews of Fair and Fraud Hearing Decisions, including writing final decisions as necessary, (10%)

Responds to requests for information from HHS agencies’ staff and from external requestors, including Open Records requests, statistical inquiries, and pending hearings, (5%)

Knowledge Skills Abilities

Advanced knowledge of legal principles and practices

Advanced knowledge of trial and administrative hearings procedures

Advanced knowledge of evidentiary and procedural issues

Knowledge of Federal and State laws and regulations affecting HHS agencies’ operations and

administration

Knowledge of HHS agencies’ programs, policies, rules, and procedures

Skill in planning and decision-making

Skill in organizing and expressing complex legal problems in a clear, concise manner sufficient to

communicate orally and in writing with people of varied backgrounds and levels of sophistication

Ability to analyze and solve legal problems and to interpret laws and regulations affecting the HHS

agencies

Ability to deal effectively and tactfully with the public, with legal representatives, and with agency staff

Ability to comply with ethical standards

Ability to recognize problems and to identify and facilitate solutions

Ability to train agency staff

Ability to conduct effective, in-depth legal research

Ability to organize and manage a heavy caseload

Ability to work independently with minimal supervision

Ability to maintain confidentiality of information

Ability to meet numerous and competing deadlines

Registration Or Licensure Requirements

Licensed and in good standing with the State Bar of Texas

Initial Selection Criteria

Licensed attorney for at least 10 years and a member in good standing through the State Bar of Texas.

Experience with administrative hearings process, rules of evidence and civil procedure personnel, and knowledge of Medicaid and Supplemental Nutrition Assistance Program policy.

Additional Information

Requisition Number

MOS Code

27A, 250X, LGL10, 4402, 51JX

HHS agencies use E-Verify. You must bring your I-9 documentation with you on your first day of work.

I-9 Form - Click here to download the I-9 form.

In compliance with the Americans with Disabilities Act (ADA), HHS agencies will provide reasonable accommodation during the hiring and selection process for qualified individuals with a disability. If you need assistance completing the on-line application, contact the HHS Employee Service Center at 1-888-894-4747. If you are contacted for an interview and need accommodation to participate in the interview process, please notify the person scheduling the interview.

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