Duties Description Hearing Examiners are assigned to all proceedings in which hearings are held and to some other matters before the New York State Public Service Commission (Commission). Under the direction of the Director of the Office of Hearings and Alternative Dispute Resolution (OHADR), duties include, but are not limited to:
• Establishing procedural milestones and schedules; issuing written rulings addressing various issues, including scheduling, discovery, party status, and motion practice.
• Overseeing development of the official case record through a formal, litigated process.
• Presiding over public hearings to gather public comments.
• Using alternative dispute resolution techniques to help parties settle issues when assigned as a settlement judge in a proceeding.
• Analyzing arguments and evidence presented by parties to offer advice about how issues should be resolved by the Commission and the Office of Renewable Energy Siting and Electric Transmission (ORES), including in the form of written Recommended Decisions.
• Drafting Commission and ORES orders.
• Presenting recommendations formally at Commission sessions.
About the nature of the cases: Matters set for hearings or facilitation include 1) prospective rates, proposed budgets, and other 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) 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 a Hearing Examiner takes about a year. Direct testimony is often 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.
Minimum Qualifications Qualified candidates will possess a law degree, admission to the New York State Bar, and eight years of post-bar 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.
Preferred Qualifications:
• 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.
• Strong critical thinking and sound judgment to render well-grounded decisions in the public interest.
Additional Comments About the Department:
The New York State Department of Public Service (DPS) works to: ensure safe, affordable, and reliable access to electric, gas, steam, water, and telecommunications services at just and reasonable rates for New York State customers, protect the natural environment, reduce greenhouse gas emissions via transmission and siting of renewable energy resources, and augment the resiliency of utility infrastructure. Learn more about DPS and how you can make a difference by checking out our video and more at: https://dps.ny.gov/employment-opportunities.
Remarks:
Salary will be commensurate with experience. The primary location for this position is Albany, New York with at least 10% travel. 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. Appointment to this position is contingent upon Division of Budget approval.
Name Human Resources Management - KP
Telephone
Email Address recruiting@dps.ny.gov
Address
Street 3 Empire State Plaza
Human Resources Management
City Albany
State NY
Zip Code 12223
Notes on Applying Please send a resume and cover letter to recruiting@dps.ny.gov or fax to Human Resources Management at (518)473-9990. Please reference "Hearing Examiner, posting 00308" when applying.
