09/01/1986 07290

INSURANCE DEPARTMENT HEARING EXAMINER

DEFINITION: This is quasi-judicial work in adjudicating formal legal appeals in the Insurance Department's Administrative Hearings Office.

Employees in this class are responsible for conducting administrative hearings, regarding appeals involving rate regulatory matters, agent and company disciplinary matters, policy form disapprovals, department interpretation and enforcement of insurance laws and regulations, workers' compensation classifications, company stock acquisitions, liquidation and solvency matters, consumer complaints, insurance agency terminations; and appeals from actions by the Commissioner's staff. Work involves scheduling hearings, deciding preliminary matters, holding pre-hearing conferences, and preparing adjudications. An important aspect of the work is assuring fair, prompt and authoritative decisions consistent with Insurance Department laws, rules and regulations. Work is performed independently within the framework of laws, rules, regulations, policies and procedures, and is subject to review by the Insurance Department Chief Hearing Examiner through conferences, reports, and review of decisions and adjudications. Work is also subject to review by the courts through subsequent appeal.

EXAMPLES OF WORK: Conducts quasi-judicial administrative hearings involving appeals in rate regulatory matters, agent and company disciplinary matters, policy form disapprovals, department interpretation and enforcement of insurance laws and regulations, workers' compensation classifications, company stock acquisitions, liquidation and solvency matters, consumer complaints, insurance agency terminations; and appeals from actions by the Commissioner's staff.

Presides as hearing officer at hearings, hears testimony, and rules on testimony and evidentiary points.

Reviews and analyzes testimony, arguments and briefs and prepares adjudications with proposed penalties, if applicable, for the approval of the Insurance Commissioner.

Issues subpoenas requiring the appearance of witnesses and the production of records and documents.

Conducts pre-hearing conferences in an attempt to narrow and define issues or reach a settlement prior to a formal administrative hearing.

Rules on procedural matters prior to hearing, including continuances, pleadings, and petitions for intervention.

Advises the Insurance Department Chief Hearing Examiner, Deputies and program managers regarding the status of cases.

Performs related work as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of Insurance Department 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 quasi-judicial hearings.

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

Ability to perform legal research.

Ability to read and interpret Commonwealth and Insurance Department 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: Three years of experience in the practice of law.

NECESSARY SPECIAL REQUIREMENT: Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania.