Chief Adjudicator - Administrative Law Judge II

Department Information

This position is open to current Colorado residents only.

Most State of Colorado employees are eligible for a great benefit package! Please see the Supplemental Information section below for details.

This position manages two Units within the Office of Appeals and issues Final Agency Decisions as an ALJ. The two Units managed are the SNAP Hearings Unit (SHU) and the Final Agency Decision side of the Office of Appeals (FAD-OOA). The SHU processes incoming appeals, conducts evidentiary hearings, and issues Initial Agency Decisions for SNAP appeals. The FAD-OOA Unit is responsible for issuing Final Agency Decisions for all CDHS program areas. This position must ensure that both Units are running properly and issuing notices, orders, and decisions in compliance with applicable law.

As an adjudicator, this position will work independently to review case files and draft legally supported Final Agency Decisions and procedural orders.

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Description of Job

The current schedule will be a hybrid work arrangement (remote work and report on-site 2 days per week). This may change without prior notification based on business demands.

This position manages two Units within the Office of Appeals and issues Final Agency Decisions as an ALJ. This position manages a team of six: the Staff Adjudicator, the Legal Assistant, and the Program Assistant for the Final Agency Decision Unit (FAD-OOA); the two Hearings Officers and an Administrative Assistant for the SNAP Hearings Unit (SHU).

The Office of Appeals (OOA) work unit is made of two subunits: the SNAP Hearings Unit (SHU) and the Final Agency Decision side of the Office of Appeals (FAD-OOA). The FAD-OOA Unit is responsible for sending all Initial and Final Agency Decisions to the parties in a case as well as the appropriate State program area. The Chief Adjudicator, on behalf of the OOA, must stay apprised of trends and changes in the law as well as analyze programmatic and policy issues for proper application. The FAD-OOA Unit must analyze the law and Department interpretations and apply those to the reviews of each Initial Agency Decision to ultimately reach a Final Agency Decision. The OOA also maintains data regarding the caseload and must provide data to support program areas within the Colorado Department of Human Services and when required, to the Federal Government (ex. Food Assistance case data). The OOA acts as the gatekeeper for all Initial Decisions to ensure consistency with historical Department interpretations and applications of promulgated rules and with applicable law. The Chief Adjudicator serves in a consulting function, inter alia, to the Chief Legal Director, and to the program areas within the Department when necessary and/or when requested. The OOA, when requested, provides training at program area-sponsored events, rule reviews, legal consultations, and procedural advice to clients. The SHU processes incoming appeals, sends the required notice regarding hearing dates and times and any necessary procedural orders, conducts evidentiary hearings for SNAP appeals, and issues Initial Agency Decisions. The FAD-OAA reviews case files or conducts paper reviews and may decide to remand cases to the Office of Administrative Courts and/or SHU, and/or it issues Final Agency Decisions that affirm, modify, or reverse Initial Decisions.

As an adjudicator, this position will work independently to review case files and written procedural requests to draft legally supported Final Agency Decisions and procedural orders. This position must use formulating thinking skills as well as utilize learned policies and apply existing legal principles/theories and applicable State and Federal regulations. This position thinks creatively to address unique issues that arise when reviewing Initial Agency Decisions and problem-solves to address varying legal issues to apply pertinent rules and law and review the Initial Agency's Decision for compliance with pertinent law and interpretations of law. This position recognizes issues related to due process, identifies findings of fact by the Administrative Law Judge and/or Hearings Officer that may be contrary to the weight of the evidence, reviews case files for the inclusion of pertinent law, and determines whether pertinent law was inappropriately excluded. This position utilizes astute critical thinking skills, judgment, and legal research skills to analyze legal concepts related to procedural requests and matters raised in Initial Decisions or those that should have been raised in Initial Decisions. The Chief Adjudicator along with the Staff Adjudicator draft and issue all Final Agency Decisions and procedural orders.

As a supervisor, the Chief Adjudicator manages all staff in both Units (SHU and FAD-OOA) to ensure that both are running properly and issuing notices, orders, and decisions in compliance with applicable law. This position conducts training, performance reviews, and 1:1 reviews, and schedules staff meetings with all staff. This position must be regularly available to all staff to answer questions and problem-solve. This position works with IT developers to describe the end-product needs and to help in the development and testing of database enhancements for both the FAD-OOA and the SHU. This position manages, in collaboration with the Communications Services team, the content of the external CDHS website for SHU and FAD-OOA. This position must possess or develop an advanced understanding of CDHS processes and an advanced knowledge and application of all relevant, promulgated State Department rules, federal regulations, and State statutes concerning all program areas of CDHS. This position works with State Program areas to apprise of any issues with existing promulgated rules and makes suggestions for rule revisions.

Primary Job Duties:

Substantive Case Review:

• Determine if case findings are supported by the record.

• Determine whether the legal conclusions of ALJs and Hearings Officers are lawful.

• Comprehensively review the case file, Findings of Fact, and Conclusions of Law to complete a substantive analysis of the Initial Decision to determine a Final Agency Decision that applies legal rules, and principles, and applies rule interpretations to evidence.

• Determine whether ultimate conclusions of fact are legally sound and draft Final Agency Decisions accordingly.

• Determine "good cause" and timely draft Procedural Orders for varying case types.

• Determine any additional, relevant legal issues.

• Develop a process to stay current on relevant rules, regulations, and other applicable laws and determine how those rules and laws will be incorporated into Final Agency Decisions.

Management of work product and staff in two Units within the Office of Appeals:

• Determine the need for training and develop appropriate training for Office of Appeals staff on changes to relevant rules, regulations, and other applicable laws.

• Monitor staff and determine whether corrective action or discipline may be appropriate (and make recommendations to the Appointing Authority).

• Monitor the timeliness of decisions issued by SHU and develop processes and expectations to ensure the SHU is effectively managing its caseload.

• Monitor the caseload for the FAD-OOA Unit and develop processes and expectations to ensure the Unit is effectively managing its caseload.

• Determine whether outreach to stakeholders such as the Program area or Office of Administrative Courts is appropriate to problem-solve recurring or systemic issues.

• Determine whether this position and Staff Adjudicator / Hearings Officers would benefit from attending Continuing Legal Education courses in the administrative law field.

Communicate Final Agency Decision, Complete Entries in the Database, and Provide Final Agency Decision case file to the District Court and/or Attorney General's Office if requested:

• This position ensures that notices to appellants/respondents of the Final Agency Action are completed within the required time frame. This position must ensure all notices include the required/necessary information.

• This position ensures all files associated with the case/Final Agency Decision are included in the file provided to the District Court. This position provides all documents to the District Court by the deadline specified.

Manage Data, Reporting & Budget:

• Develop systems and processes to ensure the Office of Appeals data is accurate and reliable, Work with the Business Innovation and Technology Section and the Governor's Office of Information Technology to remedy data problems as they arise,

• Assess whether the case management system used by OOA should be updated or changed,

• Determine whether the processes and case management software used by OOA maintain the confidentiality of data,

• Determine whether the software used to store OOA data provides appropriate levels of security and confidentiality,

• Determine which data Program areas will need for federal or other reporting and determine the most effective and secure means to share that data.

• Learn about the budget streams for the SNAP Hearings Unit, solve budget problems (including managing purchase orders), and collaborate with the Appointing Authority and AdSol Finance Manager to ensure a proper budget for the next fiscal year.

Provide Training to SNAP Hearings Officers, and/ or CDHS Program areas when/if necessary:

• Determine patterns of discrepancy in rules or statutes that result in reversed, remanded, or modified ALJ and/or Hearings Officer Initial Decisions.

• Determine the root cause of the pattern.

• Determine the type of training that would be most effective for improving practice.

• Determine appropriate training or rule or statute modification to improve the quality of Initial Decisions.

Other duties as assigned

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

MINIMUM QUALIFICATIONS:

Education and Experience:

Graduation from an accredited law school.

AND

Five years of experience practicing law (legal experience acquired after admission to the bar), two of which must have included experience appropriate to the work assignment (administrative law), and qualified candidates shall have been licensed to practice law in the State of Colorado for five years.

Please note: A Writing sample will be requested if you are selected for an interview

Substitutions:

None

Special Qualifications

• Graduation from an accredited law school; five years experience practicing law

(legal experience acquired after admission to the bar), two years of which must have included experience in the appropriate work assignment (administrative law); shall have been licensed to practice law in the State of Colorado for five years.

Preferred Qualifications

• Supervisory experience of 1+ years

• Experience as an ALJ, Hearings Officer, or practicing administrative law on matters heard by the Office of Administrative Courts

• Experience advising/representing a governmental entity (e.g., city attorney, county attorney, attorney general)

• Experience interpreting or applying CDHS program rules (Colorado Code of Regulations)

Conditions of Employment

• Standard Background Check: CBI name check, ICON Colorado court database, Medicare fraud database, Reference checks, Professional License verification

• Former State employees who were disciplinarily terminated or resigned in lieu of termination must (1) disclose that information on the application (2) provide an explanation why the prior termination or resignation should not disqualify the applicant from the current position, (3) provide the employee number from the applicant's prior State employment. Absent extraordinary circumstances, prior disciplinary termination or resignation in lieu of termination and failure to provide this information will disqualify the applicant from future State employment with CDHS.

Appeal Rights:

If you receive notice that you have been eliminated from consideration for this position, you may file an appeal with the State Personnel Board or request a review by the State Personnel Director.

An appeal or review must be submitted on the official appeal form, signed by you or your representative. This form must be delivered to the State Personnel Board by email (dpa_state.personnelboard@state.co.us), postmarked in US Mail or hand delivered (1525 Sherman Street, 4th Floor, Denver CO 80203), or faxed (303.866.5038) within ten (10) calendar days from your receipt of notice or acknowledgment of the department's action.

For more information about the appeals process, the official appeal form, and how to deliver it to the State Personnel Board; go to spb.colorado.gov; contact the State Personnel Board for assistance at (303) 866-3300; or refer to 4 Colorado Code of Regulations (CCR) 801-1, State Personnel Board Rules and Personnel Director's Administrative Procedures, Chapter 8, Resolution of Appeals and Disputes, at spb.colorado.gov under Rules.

Supplemental Information

How to Apply

The Assessment Process

For additional recruiting questions, please contact araceli.diaz@state.co.us

About Us:

If your goal is to build a career that makes a difference, consider joining the dedicated people of the Colorado Department of Human Services (CDHS). Our professionals strive to design and deliver high-quality human and health services that improve the safety, independence, and well-being of the people of Colorado. In addition to a great location and rewarding and meaningful work, we offer:

• Strong, secure, yet flexible retirement benefits including a PERA Defined Benefit Plan or PERA Defined Contribution Plan www.copera.org plus 401(k) and 457 plans

• Medical and dental health plans

• Employer supplemented Health Savings Account

• Paid life insurance

• Short- and long-term disability coverage

• 11 paid holidays per year plus vacation and sick leave

• BenefitHub state employee discount program

• Employee Wellness Program

• Excellent work-life programs, such as flexible schedules, training, and more

• Remote work arrangements for eligible positions

• Some positions may qualify for the Public Service Loan Forgiveness Program. For more

information, go to https://www.colorado.gov/pacific/dhr/student-loan-forgiveness-programs.

Our Values:

We believe in a people-first approach: To serve the people of Colorado, we develop a culture and work environment that creates an energized, inspired, and healthy team capable of giving their best to Coloradans.

Balance creates quality of life: We want our team to be resilient through a supportive workplace that values flexibility, health and wellness, and employee engagement.

We hold ourselves accountable: We take responsibility through our actions, programs, and results for the state of health and human services in Colorado.

Transparency matters: We are open and honest with employees, our partners, the Coloradans we serve, and the public.

We are ethical: We abide by what is best for those we serve by doing what is right, not what is easy.

Collaboration helps us rise together: We work together with all partners, employees, and clients to achieve the best outcomes for Coloradans.

We are committed to increasing the diversity of our staff and providing culturally responsive programs and services. Therefore, we encourage responses from people of diverse backgrounds and abilities.

ADAA Accommodations: CDHS is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or performing essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAA Coordinator, Nancy Schmelzer, at cdhs_ada@state.co.us or call 1-800-929-0791.

~THE STATE OF COLORADO IS AN EQUAL OPPORTUNITY EMPLOYER~

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