Duties Description The Bureau of Administrative Hearings (BAH) is responsible for enforcing the Public Health Law and sections of the Social Services Law. BAH reviews enforcement referrals from numerous Department programs and recommends appropriate resolutions through settlement terms or through hearings, prepares cases for hearing and represents the Department at these hearings. BAH responsibilities also include drafting and defending at administrative hearings orders issued by the Commissioner to address public health emergencies; and regulatory and legislative initiatives. Specific duties for the Senior Attorney include but are not limited to:
• Review and analyze assigned cases;
• Gather all the necessary case files;
• Interview program staff or investigators when necessary;
• Analyze evidence and conduct legal research relating novel enforcement issues;
• Review the strength and weakness of evidence;
• Work with program staff on appropriateness of penalties and terms of settlement;
• Draft Stipulation and Orders;
• Ensure proper internal procedures are followed during final disposition;
• Analyze evidence and conduct legal research relating especially to evidentiary and procedural issues;
• Prepare evidence and witnesses for trial-type administrative hearings;
• Appear on behalf of the Department of Health at administrative hearings held before Administrative Law Judges and advocate the Department's legal case;
• Examine and cross examine witnesses;
• Draft and submit legal briefs on various points of law in connection with administrative adjudicatory hearings, including motions and post hearing briefs;
• Coordinate with the Office of the Attorney General, district attorneys and other criminal law enforcement agencies on cases of mutual interest;
• Ensure all case file records are properly identified, stored and managed;
• Work with Program staff in reviewing the complaint;
• Coordinate with NYS Division of Human Rights in preparation for response;
• Review records of employees;
• Draft and submit the Department's response to the Complaint;
• Prepare evidence and witnesses for trial-type administrative hearings;
• Appear on behalf of the Department of Health at administrative hearings held before Administrative Law Judges and advocate the Department's legal case;
• Provide legal opinions and enforcement advice to Health Department program clients;
• Assist Program staff and DOH Program attorneys in drafting of proposed regulations and laws;
• Assist Program in operationalizing enforcement responsibilities of the Department;
• Prepare and conduct trainings for investigators.
Minimum Qualifications Reassignment: Current NYS Department of Health (DOH) employee with permanent or contingent permanent status as an Assistant Attorney 1, NS, Assistant Attorney 2, NS, Assistant Attorney 3, NS or Senior Attorney, G-25.
Transfer: Current NYS employee with one year of permanent or contingent permanent competitive service in a title eligible for transfer under Section 70.1 of the Civil Service Law.
NY HELPS:
Assistant Attorney 1, NS: Law school graduation and/or eligibility for NYS Bar Admission.
Assistant Attorney 2, NS: Admission to NYS Bar.
Assistant Attorney 3, NS: 12 months as an Assistant Attorney 2, or Admission to the NYS Bar and 12 months of subsequent satisfactory legal experience.
Senior Attorney, G-25: 12 months as an Assistant Attorney 3, or Admission to the NYS Bar and 24 months of subsequent satisfactory legal experience.
NOTE: Admission to the New York State Bar and current registration to practice law in New York State is required for continued employment. Disbarment or loss of registration shall result in termination or suspension of employment. Position may be filled at the Senior Attorney level or one of the Assistant Attorney traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected. This position may be designated 55-b/c and is subject to verification of applicant eligibility.
Preferred Qualifications: Admission to the New York State Bar and current registration to practice law in New York State is necessary for employment. Disbarment or loss of registration shall result in termination or suspension of employment. The candidate should be a highly motivated individual interested in working in an active legal team environment. The candidate should have strong legal skills, be able to work as a member of a team, have demonstrated good decision-making skills, possess excellent oral and written communication skills and have the ability to manage a varied and demanding caseload. Experience in courts or administrative hearings, or matters involving public health issues would be valuable but is not required.
Additional Comments When reviewing qualifications, omissions and vagueness cannot be interpreted in the candidate's favor. Candidates are responsible for providing accurate and clear descriptions of their experience demonstrating how they meet the minimum qualifications.
This position is part of the NYS HELPS program. No examination is required.
We offer a work-life balance and a generous benefits package, worth 65% of salary, including:
• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees' Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...
Name Human Resources Management Group, CD/SA/94055
Fax 518 473-3395
Email Address Resume@health.ny.gov
Address
Street Corning Tower, Empire State Plaza, Room 2217
City Albany
State NY
Zip Code 12237
Notes on Applying Please submit your resume and cover letter as one (1) document, preferably in PDF format, by email to resume@health.ny.gov, with Reference CD/SA/94055 included in the subject line or by mail to Human Resources Management Group, CD/SA/94055, Rm 2217, Corning Tower Building, Empire State Plaza, Albany, NY 12237-0012, or by fax to (518) 473-3395. Failure to include the required information may result in your resume not being considered for this position.
