Definition

In the Employment Security Department, the Department of Social and Health Services or the Utilities and Transportation Commission, reviews adjudicative proceeding hearings records and decisions or orders and issues final determination or recommends final determination.

Typical Work

Reviews transcript and record of cases where a Petition for Review has been filed by one or more parties contesting a decision issued by a hearings judge; examines the petition or petitions to determine the basis of the petitioner's request for review; reads entire record and researches basis of the petitioner's request for review, reads entire record and researches the relevant law; determines if the petition or petitions should be granted;

Reviews evidentiary and procedural rulings; analyzes the testimony of lay and expert witnesses; analyzes and evaluates the exhibits admitted in the appeal; weighs all evidence presented by all parties to ascertain where the preponderance of evidence lies;

Evaluates the hearings judge's application of the law to the evidence, and the correctness of the resulting order contained in the Proposed or Final Decision and Order;

Writes a formal legal opinion for granted appeals which includes a background of the case, a statement as to the legal issues presented, an analysis of the evidence, together with the statute and case law which supports the results reached; prepares findings of fact and conclusions of law on all contested issues;

Performs other work as required.

Knowledge and Abilities

Knowledge of: administrative, procedural, substantive, and common law; rules of evidence; specific bodies of law applicable to the hearings, including Federal and State statutes, court decisions, and regulations; departmental policies relevant to the contested case and rule-making hearing processes; public disclosure law; and organization of the department.

Ability to: review the hearing record for irregularity in the proceedings; conduct legal research and provide legal advice to peers, superiors, and disclosure coordinators; review the hearing record for errors in fact finding, instructions to parties, rulings on the admissibility of evidence, the application or interpretation of the law, and any other elements which could result in improper resolution of issues; draft findings of fact, conclusions of law, and orders which are clear and concise; instruct others in disclosure law and on administrative law and hearing process; preside at rule making hearings.

Legal Requirement(s)

There may be instances where individual positions must have additional licenses or certification. It is the employer’s responsibility to ensure the appropriate licenses/certifications are obtained for each position.

Desirable Qualifications

Active or judicial membership in the Washington State Bar Association. 

AND

Four years of experience as a hearings examiner in a governmental agency; or four years as a member of an administrative tribunal empowered to issue findings of fact and conclusions of law; or four years of trial practice in private or public employment.

One year of any of the above experience must be in the field of law related to cases heard by the employing agency.

Class Specification History

New class: 2-12-88
Revised definition and minimum qualifications: 12-15-89
Revised minimum qualifications: 2-11-94
New class code: (formerly 47290) effective July 1, 2007