04/23/1998 06750

UNEMPLOYMENT COMPENSATION TAX APPEALS ADMINISTRATOR

DEFINITION: This is highly responsible administrative work in managing the Employer Tax Appeals process in the Department of Labor and Industry.

The employee in this class represents the agency's chief executive in administering the process of appeal for employer unemployment compensation tax reassessment, redetermination of employer unemployment compensation contribution rate, and oral arguments regarding same. Work constitutes and administrative review of the decisions of the Bureau of Employer Tax Operations, and includes coordinating hearings with the Department's legal office, monitoring the ongoing systems and procedures in place, and making recommendations for change where needed. An important aspect of work is assuring fair, prompt and authoritative decisions consistent with Department and Unemployment Compensation laws, rules and regulations. Work is performed with independence and is subject only to administrative review by the Deputy Secretary for Administration through conferences, reports, and review of decisions and adjudications. Work is also subject to review by the courts through subsequent appeal.

EXAMPLES OF WORK: Develops and institutes an Unemployment Compensation Tax Appeals reporting system to monitor both the process and outcome of appeals; makes recommendations for change, as needed.

Reviews and evaluates opinions of officials who adjudicate employer tax appeals.

Provides feedback to administrators of the Unemployment Compensation Tax program to encourage improvement in the quality of appeals review at the program level.

Conducts administrative proceedings involving appeals in employer unemployment compensation tax reassessment matters, redetermination of employer unemployment compensation contribution rate matters, and oral arguments regarding same.

Provides procedural guidance regarding the course of hearing including scheduling, reconvening, recesses and adjournment; administering of oaths and affirmations; issuance of subpoenas; rules on offers of proof; receiving evidence; taking depositions; holding conferences before or during hearings; disposition of procedural matters and motions; reviewing briefs and pleadings filed by parties.

Writes position papers resulting from hearings to include background, findings of fact, discussion of facts and relevant statute and case law, a conclusion, and a final order, with appeal rights to the Commonwealth Court of Pennsylvania.

Researches, interprets and applies Pennsylvania Unemployment Compensation Law and Regulations, administrative Agency law, general rules of administrative practice and Procedure, Sunshine Act, Federal Unemployment Tax Act, rules of evidence for administrative hearings, relevant case law, Bankruptcy Code, Social Security Act, FICA, Uniform Code, public utility regulations, and Department of State licensing regulations.

Prepares case analysis in the absence of a hearing, which consists of a summary of facts and a recommended decision based on the record and an analysis of documentation and research of applicable law and court decisions; writes decision letters to include a background, statutory or regulatory citations, restatement of the record, and a final order, with appeal rights to the Commonwealth Court of Pennsylvania.

Establishes the scope of each decisions, as applicable to the instant case, or applicable to all similar cases.

Communicates procedural requirements to parties.

Responds to written and verbal inquiries regarding the appeal process.

Exercises discretion in recommending settlement of cases which would otherwise appear before Commonwealth Court.

Employees in this class may participate in the performance of their subordinates work consistent with operational or organizational requirements.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of Labor and Industry Department and Unemployment Compensation laws, rules, regulations, policies and procedures.

Knowledge of the principles and practices of legal research.

Knowledge of applicable state and Federal court decisions.

Ability to learn the principles of procedures and evidence to be followed in the conduct of administrative hearings.

Ability to critically analyze testimony, evidence and administrative documents in order to reach a fair and authoritative decision.

Ability to perform legal research.

Ability to read and interpret Commonwealth, Labor and Industry, and Unemployment Compensation laws, rules, regulations, policies and procedures.

Ability to express ideas clearly and concisely, orally and in writing.

Ability to establish and maintain effective working relationships with other administrative officials and the general public.

MINIMUM EXPERIENCE AND TRAINING: Two years of experience in administering an appellate review program and a bachelor's degree;

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Four years of experience in the determination of employer unemployment compensation tax rates, including adjustments, underpayments and overpayments and a bachelor's degree;

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Any equivalent combination of experience and training.