DEFINITION

Conducts contested case hearings at a journey level; performs related work as required.

The Work Examples and Competencies listed are for illustrative purposes only and not intended to be the primary basis for position classification decisions.

WORK EXAMPLES

Conducts prehearing conferences, does legal research and rules on motions as required.

Presides over and conducts contested case appeal hearings in accordance with the Iowa Code, Chapter 17A, to ensure compliance with department enforced state and federal laws and regulations.

Presides over and conducts contested case hearings by: scheduling date, time and location of hearing; administering oaths; ruling on legal motions; ascertaining pertinent facts by questioning witnesses and reviewing documents; directing the recording of testimony and ruling on objections; assessing evidence, to admit or exclude, by facilitating direct examination, cross examination and further examination as necessary; and issuing subpoenas to compel attendance of witnesses and production of papers/records.

Prepares written findings of facts and proposed decisions involving administrative determinations based on evaluation of pertinent facts and application of appropriate provisions of law and established precedents.

Provides guidance to lower level judges; advises on conduct of hearings and decision writing.

COMPETENCIES REQUIRED

Knowledge of administrative and common law.

Knowledge of rules of evidence.

Knowledge of procedures followed in the conduct of contested case hearings.

Knowledge of appeal rights and remedies as set forth in pertinent case laws, statutes, and administrative rules.

Knowledge of specific laws, court decisions, and established precedents applicable to the employing department's programs.

Ability to exercise control over contested case hearings to ensure that relevant facts, information, and evidence are presented.

Ability to analyze facts and make sound decisions based on evidence presented and applicable laws, rules and precedents.

Ability to deal tactfully and harmoniously with public and private officials, attorneys, and the general public.

Ability to communicate effectively, orally and in writing, in legal matters.

Displays high standards of ethical conduct. Exhibits honesty and integrity. Refrains from theft-related, dishonest or unethical behavior.

Works and communicates with internal and external clients and customers to meet their needs in a polite, courteous, and cooperative manner. Committed to quality service.

Displays a high level of initiative, effort and commitment towards completing assignments efficiently. Works with minimal supervision, demonstrates responsible behavior and attention to detail.

Responds appropriately to supervision. Follows policy and cooperates with supervisors.

Acts to align one’s behavior with the needs, priorities and goals of the organization.

Encourages and facilitates cooperation, pride, trust, and group identity. Fosters commitment and team spirit.

Expresses information to individuals or groups effectively, taking into account the audience and nature of the information. Listens to others and responds appropriately.

EDUCATION, EXPERIENCE, AND SPECIAL REQUIREMENTS

Graduation from an accredited four year college or university and five years of full time responsible quasi-judicial or closely related experience which involved either: conducting legal investigations to obtain evidence; or hearing cases relative to specific organizational programs and rendering decisions or recommending action for the disposition of cases;

graduation from an accredited school of law;

any equivalent combination of qualifying education and experience totaling seven years on the basis that 30 semester hours of college or university coursework is equal to one year of experience;

employees with current continuous experience in the state executive branch that includes experience equal to eighteen months of full-time work as an Administrative Law Judge 1.

NECESSARY SPECIAL REQUIREMENT

Applicants for positions in the Department of Inspections and Appeals must undergo a background investigation which includes a criminal history check and a dependent adult and child abuse registry check.

NOTE

Persons newly employed by the Administrative Hearing Division in the Department of Inspections and Appeals to preside over contested case proceeding, must possess a current, active license to practice law in Iowa.

SELECTIVE CERTIFICATION

For designated positions, an appointing authority, with Iowa Department of Administrative Services – Human Resources Enterprise prior approval, may request that only those applicants possessing one or both of the following be certified to fill vacancies in this class.

354 law degree

871 license to practice law in Iowa

Effective Date: 3/05 CP/BK