Hearing Examiner

State Of New York Albany , NY 12201

Posted 2 weeks ago

Minimum Qualifications Qualified candidates will possess a Law Degree, admission to the New York State Bar, and experience as an attorney or judge in any combination of the following:

  • In a governmental regulatory agency as an: Administrative Law Judge, Attorney, Hearing Officer or official with policy responsibilities;

  • As an attorney litigating and/or negotiating matters in governmental regulatory proceedings and/or court proceedings involving complex technical facts or policies;

  • As a judge or judicial clerk or in a similar adjudicative capacity;

  • As a legislator, legislative staff, lobbyist, or similar position requiring analysis of laws or regulations;

  • As a mediator or arbitrator in cases involving complex financial and technical issues.

Duties Description Hearing Examiners are assigned to all proceedings in which hearings are held and to some other matters before the NYS Public Service Commission (Commission) and the NYS Board on Electric Generation Siting and the Environment (Siting Board).

Hearing Examiner duties include, but are not limited to:

  • Establish procedural milestones and schedules; issue written rulings on process issues, including schedule, discovery, party status, and other disputes among parties;

  • Oversee development of the official case record through a formal, litigated process;

  • When assigned as settlement judge in a proceeding, employ Alternative Dispute Resolution techniques to help interested parties reach agreement among themselves about how the issues presented should be resolved;

  • Analyze arguments and evidence offered by parties in order to offer advice and recommendations about how issues should be resolved by the Commission and the Siting Board, including in the form of written Recommended Decisions;

  • Draft Commission and Siting Board orders; and

  • Present recommendations formally at Commission and Siting Board meetings.

About the nature of the cases: Matters set for hearings or facilitation include 1) prospective rates, and therefore proposed budgets and activities, of electric, gas, steam, and private water utilities, 2) siting of gas and electric transmission lines and wind, solar, and fossil-fuel generation facilities within New York State, and 3) on a discretionary basis, utility mergers and other policy or regulatory matters, which could encompass the telephone or cable industries as well. Cases involve multiple, diverse parties and technical engineering, accounting, finance, economics, consumer, and environmental issues, among others. A typical case before an ALJ takes about a year. Direct testimony is written and filed in advance, followed by in-person cross-examination of witnesses in a trial-type hearing that can last from one day (where a case has settled) to three weeks or more.

Additional Comments The ideal candidate will have:

  • Organizational ability to set and enforce procedural milestones and to monitor extensive filings by multiple parties;

  • Outstanding written and oral communication skills to explain and adjudicate procedures and policies to the parties and general public and to articulate technical and policy matters in recommended decisions and orders; and

  • Strong critical thinking and sound judgment to render well-grounded decisions in the public interest.

This is an appointment to a position in the exempt jurisdictional class. As such, the incumbent of this position would serve at the pleasure of the appointing authority.


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Hearing Examiner

State Of New York