Administrative Law Judge

U.S. Federal Government - Denver, CO4.3

Full-time
Duties
Summary
This position is located in the Office of the Chief Administrative Law Judge in the Denver, CO regional office of the Review Commission. The physical work location for this position is the U.S. Custom House, 721 19th Street, Room 407, Denver, CO 80202.

Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order (dated July 10, 2018).

Responsibilities
The Administrative Law Judge (ALJ) conducts proceedings in accordance with the Administrative Procedure Act (5 U.S.C. 556-7), the Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the Rules of Procedure of the Occupational Safety and Health Review Commission for alleged violations that arise under the Occupational Safety and Health Act of 1970. The ALJ rules on preliminary motions, conducts pre-hearing conferences to settle issues or stipulate facts, and issues subpoenas and orders for pre-hearing discovery of evidence. The ALJ administers oaths and presides at hearings, which may include written and/or oral testimony, cross-examination and exhibits, and determining credibility. The ALJ prepares and issues decisions with findings of fact and conclusions of law based upon the record and supported by reliable, probative, and substantial evidence.

Travel Required
75% or less - You will be expected to travel at least 50 percent of the time for this position.

Supervisory status
No

Promotion Potential
3

Job family (Series)
0935 Administrative Law Judge

Similar jobs
Administrative Law Judges
Judges, Administrative Law
Requirements

Requirements
Conditions of Employment
You must be a U.S. Citizen or National.
You will be required to pass a background investigation and fingerprint check.
Selective Service Registration is required, as applicable. (www.sss.gov).
Moving and Relocation expenses are not authorized.
Travel is required (at least 50 percent of the time or greater).
E-Verify: If you are selected for this position, the supporting documentation that you present with Form I-9 will be verified through the DHS "E-Verify" System.
You will be required to submit a financial disclosure form (OGE Form 450 (confidential financial disclosure form), or the OGE Form 278e (public financial disclosure form) using the INTEGRITY system.
You must provide a resume and supporting documents (See required documents).
Qualifications
In order to qualify for the OSHRC ALJ position, applicants must meet education, licensure, and relevant experience listed below.

Education: Applicants must possess a Juris Doctor (J.D.) degree.

  • AND-
Licensure: Possess a professional license and be authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution; an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which the applicant is admitted. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law and being in "good standing" is also acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law.

  • AND-
Qualifying Experience: Applicants must have a full seven (7) years of experience as a licensed attorney preparing for, participating in, and/or presiding over formal hearings or trials involving litigation and/or administrative law at the Federal, State or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment laws; participating in or conducting mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings; and preparing formal written decisions or opinions in such proceedings. To be considered as qualifying experience, the types of cases handled under this requirement must have been conducted on the record under procedures at least as formal as those prescribed by sections 553 through 559 of title 5 of the United States Code.

Qualifying litigation experience involves cases in which a complaint was filed with a court or appropriate military authority and includes:
participating in pretrial disclosure and discovery;
participating in settlement or plea negotiations in advance of trial;
preparing pretrial motions or orders (including summary judgment motions);
participating in pretrial conferences;
preparing for trial and/or trial of cases;
trying or hearing cases;
preparing briefs or opinions;
participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
participating in appeals related to the types of cases above.
Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body and includes:
participating in pretrial disclosure and discovery;
participating in settlement negotiations in advance of hearing cases;
preparing prehearing motions or orders;
participating in prehearing conferences;
preparing for trial and/or trial of cases;
trying or hearing cases;
preparing briefs or opinions;
participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
participating in appeals related to the types of cases above.
Non-qualifying Experience: Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying.

Writing Sample: In addition to the minimum qualifications above, applicants must submit a writing sample which demonstrates their ability to author legal documents (not to exceed fifteen (15) pages) and a document addressing the Quality Ranking Factors (See "How You Will Be Evaluated" section) in order to be considered for this position. Failure to submit these documents will result in your application being removed from consideration.

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).
Education
F oreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.htm

In addition, when reviewing applicant's transcripts, assumptions will not be made. Applicants MUST state which coursework is relevant.

Additional information
Application of Veterans' Preference: There is no formal rating system for applying veterans' preference to appointments in the excepted service; however, the Review Commission considers veterans' preference eligibility as a positive factor in the hiring of ALJ positions. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., DD form 214 or other substantiating documents) to their submissions.
Males born after 12/31/1959 must be registered or exempt from Selective Service (see www.sss.gov ).
Public Trust - Background Investigation is required for this position. A drug test is not required.
The Immigration Reform and Control Act of 1986 require employers to hire only individuals who are eligible to work in the U.S. The appointee will be required to complete Form I-9, Employment Eligibility Verification, and provide acceptable proof of employment authorization and identity.
All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
This position is telework eligible as determined by the Review Commission policy and procedures.
Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Review Commission. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.

EEO Statement: The Review Commission is an Equal Opportunity Employer. Applications will be considered without discrimination for any non-merit reason such as: race, color, religion, sex, national origin, age, sexual orientation, disability, and in retaliation for prior involvement in Equal Employment Opportunity protected activity.

Reasonable Accommodation Statement: The Review Commission provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application, please contact the Office of the Executive Director at (202) 606-5100. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.

How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.

Applicants meeting the minimum requirements will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following quality ranking factors (QRF's). It is not expected that every successful applicant will have experience with all of the QRFs. However, applicants are required to address each of the QRFs in narrative form, to the best of the applicant's ability.

Ability to demonstrate the appropriate temperament to serve as a judge.
Knowledge of occupational health and safety law or other labor and employment laws.
Experience participating in pretrial or prehearing disclosure and discovery; pretrial or prehearing motions or orders; and pretrial or prehearing conferences;
Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions.
Experience handling complex legal issues and/or complex litigation.
Experience participating in, or presiding over, formal hearings or trials that involve the litigation of civil or administrative law at the Federal, State, or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment law and participating in or presiding over appeals related to these types of cases.
Experience participating in or conducting settlement conferences, mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings
Experience preparing briefs or formal written decisions or opinions in proceedings.
Knowledge of judicial practices and procedures, including the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
The QRFs must be addressed on a separate document which indicates the number of the specific QRF you are addressing. Applicants should be thorough in addressing the QRFs. For example, when addressing the fourth QRF bullet point (Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions) address the approximate number of cases handled in a given period of time, the applicant's specific role (first chair, co-counsel, responsible for the written brief only, etc.), and the length of time involved in a given role (lead counsel in 20 jury trials in 10 years). Applicants should also include specific examples of the types of cases, the number of court appearances made and documents written in those cases, and the case dispositions (plea, settlement, bench trial, jury trial, etc.). Conclusory statements (such as "the applicant has been involved in a substantial amount of litigation") will receive little or no weight in the evaluation of the QRFs.

Background checks and security clearance
Security clearance
Not Required

Drug test required
No

Required Documents

Required Documents
1. Resume documenting at least ten (10) years of legal experience post bar admission (include specific dates employed and if work was performed on a part-time or full-time basis), and seven (7) years of relevant litigation or administrative law experience.
2. Documents addressing the Quality Ranking Factors (QRFs). There is additional information regarding the QRFs under the "How You Will Be Evaluated" section.
3. Writing Sample which demonstrates your ability to author legal documents (one (1) only, and not to exceed 15 pages).
4. Application of Veterans' Preference: There is no formal rating system for applying veterans' preference to appointments in the excepted service; however, the Review Commission considers veterans' preference eligibility as a positive factor in the hiring of ALJ positions. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., DD form 214 or other substantiating documents) to their submissions.
5. Successful completion of assessment/occupational questionnaire.

NOTE: Failure to submit the documents above with your application package will result in your application package being removed from consideration.

If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

Benefits

Benefits
A career with the U.S. Government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits .

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.