08/01/1987 07180

CHIEF ADMINISTRATIVE LAW JUDGE, LCB

DEFINITION: This is a major policy making and advisory position responsible to the Governor for the direction of the Office of Administrative Law Judge for the enforcement of the Pennsylvania Liquor Code.

The employee in this class is responsible for the administration of an administrative law judge system and general overview of unusual or complex liquor code matters. This office is involved in high impact legal problems of a specialized nature, which are significant in their impact upon the public. The legal work is
often novel and procedural. Formal court proceedings within the office's jurisdiction involve the areas of violations of the Pa. Liquor Code requiring suspension, revocation and fines. Work involves planning, organizing, staffing, directing and controlling the technical, legal and judicial operations of the Office of Administrative Law Judge. Work involves the development of policies and procedures for review and analysis of case documents such as: investigative reports, financial audits, transcripts of hearings, including testimony, the evaluation and summation of specific administrative legal and financial issues; providing
advice and counsel to the Governor on policy issues relating to violations of the Liquor Code; representing the Governor before legislative and congressional committees and the establishment of priorities, goals and objectives for the office. Work may include presiding over highly sensitive cases of subordinate
Administrative Law Judges. Supervision is exercised over a staff of judicial, legal, and clerical personnel. Work includes assigning and reviewing work, evaluating employee performance, resolving complaints and grievances, and insuring the development of staff. Assignments are governed by laws of the Commonwealth of
Pennsylvania, Act 14-87, and Title I of the Pa. Code. This employee receives direction and review of performance from the Governor.

EXAMPLES OF WORK: Directs the operations of a staff of judicial, legal and clerical personnel employed in the Office of Administrative Law Judge.

Plans and supervises the operation aspects of the office, such as assigning case projects, scheduling, and directing the flow of work.

Directs a case scheduling system to assure the prompt, effective, judicial resolution to contested matters coming within the jurisdiction of the Pa. Liquor Code.

Supervises the conduct of difficult, novel and important legal matters.

Presides over highly sensitive cases heard by subordinate Administrative Law Judges.

Assures consistency of Administrative Law Judge decisions with prior proceedings and court decisions.

Implements provisions of Act 14-87 and directs a case monitoring system for all Act 14-87 procedures.

Provides advise and counsel to the Governor on policy issues not previously considered in the area of Liquor Code enforcement.

Directs the interview, selection, retention, assignments, discipline and removal of employees in the office, development, review and appraisal of work.

Represents the Governor before legislative and congressional committees and Federal agencies.

Develops and implements policies and procedures for the daily operation of the office.

Performs related work as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of administrative judicial procedures, legal documentation, rules of construction, and rules of evidence.

Knowledge of the basic principles of constitutional law such as due process, equal protection, etc.

Ability to manage the Office of Administrative Law Judge.

Ability to supervise a staff of judicial, legal and clerical personnel.

Ability to prepare policies and procedures governing the Office of Administrative Law Judge.

Ability to analyze and appraise testimony, evidence, legal and administrative documents and records presented in the case which may include financial data involving general accounting principles in order to arrive at a clear understanding of the issues and facts of the case.

Ability to research, interpret and apply Federal and state laws and regulations, policies and procedures, administrative codes, precedential decisions, etc. governing the conduct of administrative hearings relating to violations of the Liquor Code in order to obtain the information necessary for an appropriate
decision on the case.

Ability to prepare a clear and concise adjudication which includes an identification of parties, issues, findings of fact, summary of pertinent section(s) of law, discussion of pertinent facts relating to points of law, conclusion of law, and order (suspension/revocation of license and fines).

Ability to control the course of administrative hearings by displaying sufficient poise and self-confidence particularly during emotionally charged situations.

Ability to establish and maintain effective professional relationships with appellants, witnesses, attorneys, and agency representatives, avoiding personal biases in order to grant all parties a fair hearing.

Ability to orally communicate ideas effectively in a clear and concise manner with appellants, witnesses, attorneys and agency representatives.

MINIMUM EXPERIENCE AND TRAINING: Five years of professional experience in the practice of law and presently an attorney in good standing before the Pennsylvania Supreme Court, including at least three years in one or a combination of the following varieties of specialized experience:

A judge of a court of record with primary responsibility for drafting proposed opinions and orders.

The counsel of a governmental regulatory body holding formal hearings and making or recommending decisions on the basis of the record of such hearings.

Experience in a governmental regulatory body as an examiner, Administrative Law Judge or attorney presiding over formal hearings and making or recommending decisions on the basis of the records of such hearings.

Preparation or presentation of cases at formal hearings conducted by governmental regulatory bodies or court proceedings relating thereto.

Preparation or trial of cases in courts of record or the preparation and appeals therefrom, which evidence skills required of an Administrative Law Judge.

Service as a responsible official of a governmental regulatory body, whose duties require him/her to review, analyze, evaluate and recommend action to be taken, and assist in the preparation of opinions by the head (or heads) of the body on decisions or recommended decision on cases made by hearing officers on the record of formal hearings, or render responsible assistance to the head (or heads) of the body in the preparation for, or hearing of cases to be formally heard, cases coming for a formal hearing before the head (or heads) of the body, or in the preparation of decisions by the head or heads of the body on such cases.

Teaching Administrative Law, Government Regulation of Business, Evidence or Criminal Law at a college or law school.