09/01/1986 07291

INSURANCE DEPARTMENT CHIEF HEARING EXAMINER

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

The employee in this class is responsible for planning, conducting and supervising employees who conduct 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. Work includes formulation of policies and procedures in regard to the conduct of hearings. An important aspect of the work is assuring fair, prompt and authoritative decisions consistent with Insurance Department laws, rules and regulations. Supervision is exercised over a small professional and clerical staff. Work is performed independently within the broad framework of laws, rules, regulations, policies and procedures, and is subject to review by the Insurance Commissioner through conferences, reports, and program accomplishments. Work is also subject to review by the courts through subsequent appeal.

EXAMPLES OF WORK: Plans, conducts, and supervises employees who conduct 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.

Formulates policies and procedures in regard to the conduct of hearings.

Advises the Insurance Commissioner, Deputies and program managers regarding the status of cases.

Supervises the maintenance of the docket system.

Supervises a small professional and clerical staff.

Prepares and reviews employee performance evaluation reports.

Approves leave and schedules personnel.

Reviews completed cases and adjudications of subordinate hearing officer for compliance with policies and procedures.

Performs related work as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of Insurance Department laws, rules, regulations, policies and procedures.

Knowledge of the principles of procedures and evidence to be followed in the conduct of quasi-judicial hearings.

Knowledge of the principles and practices of legal research.

Knowledge of applicable state and Federal Court decisions.

Knowledge of principles and methods of employee supervision.

Ability to plan and direct the Insurance Department quasi-judicial appeals hearing program.

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 perform legal research.

Ability to read and interpret Commonwealth and Insurance Department laws, rules, regulations, policies and procedures.

Ability to evaluate employee performance and prepare employee performance evaluation reports.

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: Five years of experience in the practice of law, including at least one year of experience in the conduct of appellate and evidentiary hearings.

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