The class is responsible for quasi-judicial work conducting public hearings and preparing recommended decisions and proposed Orders for DNREC Cabinet Secretary's review and signature.
Nature and Scope
The class reports to the DNREC Deputy Secretary and conducts public hearings consistent with established Department policies and procedures. The incumbent presides over public hearings; for example, on permit applications, revisions to existing regulations or the promulgation of new regulations, and proposed plans of remedial action. Hearings assigned to the incumbent in this classification are less complex than those assigned to the Senior Public Hearing Officer. The incumbent determines the course of the post-hearing phase as to the submission of any further information from the parties. The incumbent prepares hearing officer reports with recommended decisions and proposed Secretary's Orders for the Cabinet Secretary's signature. Principal contacts are with agency personnel, consultants, representatives of private industry, attorneys, and the public.
Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class. Since class specifications are descriptive and not restrictive, incumbents can complete job duties of similar kind not specifically listed here.
Presides over public hearings such as on permit applications, revisions to existing regulations or the promulgation of new regulations, and proposed plans of remedial action.
Receives exhibits, documentary evidence and testimony from DNREC technical staff, consultants, and the public.
Conducts and determines the course of pre-hearing conferences to simplify and analyze any legal, economic and operations issues and determine hearing procedures.
Determines the course of the post-hearing phase as to the submission of any final response documents and/or legal briefs by the parties.
Performs legal research and researches other regulatory or permitting matters for the Cabinet Secretary, Deputy Secretary or other senior department staff to determine legal precedents and/or applicable state/federal law.
Drafts recommended decisions and proposed Secretary's Orders for the Cabinet Secretary's signature based on findings of fact and conclusions of law.
Ensures procedural compliance by providing guidance to DNREC agency staff.
Knowledge, Skills and Abilities
The intent of the listed knowledge, skills and abilities is to give a general indication of the core requirements for all positions in the class series; therefore, the KSA’s listed are not exhaustive or necessarily inclusive of the requirements of every position in the class.
Knowledge of rules of evidence, civil procedures, and administrative law procedures.
Knowledge of applicable state and federal laws, rules, regulations, policies, procedures, and programs.
Knowledge of the methods and techniques of legal research and legal report preparation.
Skill in performing legal research.
Skill in facilitating public meetings and hearings.
Skill in preparing written summations of hearing proceedings which includes justification of rulings.
Ability to interpret and apply applicable laws, rules, regulations, policies and procedures.
Ability to deal with individuals with conflicting interests.
Ability to establish and maintain effective working relationships with agency personnel, consultants, representatives of private industry, attorneys, and the public.
JOB REQUIREMENTS for Public Hearing Officer Applicants must have education, training and/or experience demonstrating competence in each of the following areas:
Three years experience in legal research such as researching statutes, regulations, case law and background information.
Three years experience in drafting legal documents and writing legal briefs which includes presenting facts, setting out and analyzing legal issues and applying legal precedents.
Three years experience in interpreting laws, rules, regulations, standards, policies, and procedures.