08/01/1987 07170

ADMINISTRATIVE LAW JUDGE, PLCB

DEFINITION: This is highly professional legal work, equivalent to the work performed by a judge in a court. The incumbent conducts quasi-judicial administrative hearings and writes formal decisions, adjudications and orders pursuant to Act 14-87 and related regulations for the Liquor Control board. The Administrative Law Judge is responsible for issuing fair, prompt and authoritative decisions based upon a well developed record of facts and supporting documentation.

An employee in this class may supervise a small clerical/para-legal staff. Judges receive general administrative supervision from the Chief Administrative Law Judge, however, judges work independently on each assigned case.

EXAMPLES OF WORK: Incumbent determines and follows a schedule for each stage of the assigned proceedings.

Examines witnesses.

Conducts follow-up examination of witnesses for clarification.

Directs the filing of briefs.

Administers oaths and affirmation.

Issues subpoenas authorized by law.

Rules upon objections, offers of proof and receives relevant evidence.

Regulates the taking of depositions and other discovery as authorized by law.

Convenes and presides over hearings.

Receives requests for and grants continuances in accordance with applicable law, regulation and policy.

Incumbent holds discretionary conferences for settlement or simplification of the issues.

Writes decisions and exercises discretion in levying penalties in accordance with Act 14-87 and all related regulations.

Supervises para-legal/clerical support staff.

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 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 bias 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.