Definition

This class includes case reviewers, some Hearings Examiner supervisors, and some Hearings Examiners who handle unusually large and complex cases.  It is common for lower-level examiners to carry out assignments at this level on an occasional basis or as a small part of their regular duties. Positions classed as Hearings Examiner 3 have assignments such as those illustrated below as their principal responsibility and use a majority of their time in duties of this level.

Typical Work

Examples of Principal Assignment 

1. Heads a small but complete hearings unit with one to three other Hearings Examiners; has hearings and reviews responsibility from receipt of appeal through final advice to department heads or publishing of final departmental orders. 
2. Supervises a group of Hearings Examiners in the conduct of hearings through the proposed-order stages only, without responsibility for review and departmental disposition of excepted cases. 
3. Reviews (as principal assignment) cases of Hearings Examiners 2.  Examines case records and the exceptions filed against proposed findings and orders; advises board, commission, or director of appropriate final disposition and prepares orders for their signature. 
4. Assigned a majority of the time to hear, under only administrative direction, cases which meet at least two of the following: 

• More than two days of hearing time, exclusive of preparation time or decision making time.
• Expert witnesses are called for by both sides. 
• Dollar value of the issues exceeds $100,000.

Knowledge and Abilities

Knowledge of:  administrative, procedural, tort, and common law; rules of evidence; specific body of law applicable to his/her field of assignment to include federal and state statutes, court decisions, and agency regulations; departmental policies relevant to the hearings process; organization of the department for which cases are heard. 

Ability to:  supervise and/or review conduct of fair hearings; give legal counsel to department heads and subordinates; scrutinize transcripts, findings, and orders from hearings conducted by other Hearings Examiners for errors of language, instructions to witnesses, rulings on evidence, conclusions of law, conformance with policy, and any other elements which could result in improper resolution of issues; write findings of fact, conclusions of law, and orders concisely and accurately; instruct lower-level examiners in all phases of hearings examination, including writing of findings and orders; travel regularly within the state.

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

1.  Admission to practice law in the state of Washington.

OR 

      Graduation from an accredited school of law and current admission to practice before the highest court of a state. 

AND 

2.  Three years as a Hearings Examiner in governmental agency. 

OR

     Three years as a member of an administrative tribunal empowered to issue findings of fact and law. 

OR 

     Three years of trial practice in private or public employment. 

Note:  For some promotional recruitments, one year of the above experience must have been specialized within the field of cases heard by the agency having the position to be filled. 

Note:  Only attorneys who are active members of the Washington State Bar Association will be certified to the Board of Industrial Insurance Appeals or other agencies where statutes so specify.

Class Specification History

New class adopted May 1, 1963.
Revise class. Revises minimum qualifications; adopted June 1, 1965
Revise class. General revision; adopted January 1, 1969.
Revise class. Revises minimum qualifications; adopted April 7, 1972.
Revise class. Revises minimum qualifications; adopted December 15, 1972.
Revise class. General revision; adopted January 12, 1977.
Revise class. Revises minimum qualifications; adopted April 9, 1993.
Revise class. Revises class code (formerly 47240), general revision; adopted May 10, 2007, effective July 1, 2007.