Hiring Range: $4,329-$5,759/month (DOE)
Position Number: 801-6823
Status: Full Time
Closing Date: 10/16/2012 at 5:00 p.m.
Vacancy Announcement Number: 12-87
Requisition Number: 2918879
Recruitment: Internal/External. If an internal candidate is selected for this position they may be granted moving allowance provisions in accordance with Human Resource Policy 14.4. If an external candidate is selected for this position they may be granted moving allowance provisions in accordance with Human Resource Policy 14.5.
Applicants Please Submit:
SFN 10950, Application for Employment
SFN 18859, DOT Addendum to Application for Employment
Copy of final college transcript
At least four self edited writing samples (non-returnable)
Please Send Application Materials To:
Marie Nelson, Human Resources Division
ND Department of Transportation
608 East Boulevard Avenue
Bismarck, ND 58505-0700
Telephone Number: 701-328-4358
Fax Number: 701-328-1415
Both application forms may be downloaded from the Internet at: http://www.nd.gov/hrms/jobs/appforms.html. Applications should include information which directly addresses how the applicant meets the minimum qualifications and summary of work. When addressing the minimum qualifications and summary of work, please include an approximate number of contested driving cases and other contested hearings, trials, depositions, etc. for which you have presided over or litigated. Applications must be received in the Human Resources Division by 5 p.m., October 16, 2012. Background checks will be conducted.
NDDOT staff will score all applications based on a 100 point job related personnel system. It is very important to be thorough & detailed on the application materials. The NDDOT affirmative action goal is one American Indian male, one American Indian female, one other minority female, and nine non-minority females.
Applicants with disabilities should contact Marie Nelson at 701-328-4358 in advance of applying to discuss any special provisions needed for applying or interviewing.
If you have any questions on this position, please contact Paul Seado at 701-328-2625.
Requires a law degree, an active license to practice law in North Dakota or the expectation of imminent admission to the Bar Association and a valid driver's license. Preference will be given to hearing officer, judicial or trial experience, or other legal experience that included the application of rules of evidence and writing briefs and/or orders.
Ability to express ideas clearly and concisely, both orally and in writing in normal and stressful conditions; ability to communicate clearly to avoid confusion and misunderstanding with others; ability to remain calm and composed when dealing with distraught or angry employees or members of the public; public speaking skills; ability to read, interpret, or explain applicable standards, technical literature, regulations, plans, and specifications; ability to accurately and clearly complete required paperwork; ability to prepare written or oral reports frequently in tight time frames; class D drivers license to travel to public meetings.
Ability to use a phone, calculator, copier, tape recorder, reference sources, and research documentation; keyboard familiarity; personal computer with word processing and database software; physical mobility, agility, and mental alertness compatible with an office setting; normal vision and hearing with or without correction, eye-hand coordination, ability to lift 10 pounds, ability to work closely with people; some contact with the public; ability to establish and maintain effective working relationships with associates and others; ability to plan and direct the work of employees/others, ability to function with minimal supervision.
Ability to be flexible in daily schedule; ability to work under stress; ability to remain calm and maintain focus under demanding and often conflicting work schedule with rapid shifts in priority; regular attendance is essential to efficiently process the volume of work in this position. Must possess networking and leadership skills; prioritization and time management skills; must be self directed and highly-motivated; must possess analytical and decision making skills.
Requires satisfactory completion of the interview process and a verifiable record of satisfactory performance in previous employment.
Summary of Work (Essential Functions):
1. Hold fair and timely administrative hearings that provide due process for all petitioners: For all hearings, comply with applicable Supreme Court decisions relating to evidentiary matters and other issues; for all hearings, receive all probative evidence that is properly offered relating to issues under consideration; for implied consent cases, apply knowledge of state toxicologist's procedures for determining alcohol concentration; for implied consent cases, apply law concerning proper testing procedures for determining alcohol concentration; for implied consent cases, apply law applicable to making valid stop of vehicle and to making arrest; for implied consent cases, apply law relating to operating a vehicle while under the influence of alcohol; for all other cases apply law relating to the issues to be considered: -For miscellaneous Drivers License cases, apply procedures and law in N.D.C.C. chapters 39-06, 39-06.1, 39.06.2, 39-16, 39-16.1, and others as required. - For Motor Vehicle Division cases, apply procedures and law in N.D.C.C. title 39 and other titles as appropriate; for implied consent cases, prepare decision immediately; for all other cases, prepare recommended decision within statutorily required time: - Draw findings of fact based on preponderance of the evidence. -Draw conclusions of law based on the findings of fact. - Make decision based on the conclusions of law; make clear and complete recording of proceedings; maintain decorum at hearings; maintain familiarity with and proficiency in the application of laws, rules, and court decisions relating to matters under the jurisdiction of NDDOT. Approximately 50 percent of time will be spent on this duty.
2. Review each new hearing file, set hearing time and date and place, and prepare hearing notices: Determine hearing issues; for all cases, check hearing request for timeliness; for all cases, check hearing file for completeness; for implied consent cases, check Report and Notice form for proper completion and for timeliness; for implied consent cases check all test records for compliance with state toxicologist's approved methods; when appropriate due to problems evident in implied consent hearing files, issue summary dismissals; for all cases, determine need for witnesses and issue subpoenas when appropriate; schedule and preside over prehearing conferences when appropriate; check availability of hearing participants; check availability of hearing site; set time, date, place, and manner for hearing; prepare hearing notice and other documents as appropriate; send copy of hearing notice to each hearing participant and send copies of evidentiary documents to petitioner or counsel. Approximately 25 percent of time will be spent on this duty.
3. Review and ensure accuracy of hearing transcripts of testimony and proceedings in administrative hearings for certification to district court for decisions appealed: Review electronic copy of transcript of appealed hearing, comparing the electronic copy of the transcript to the audio recording of the hearing; make corrections as needed to ensure accuracy of the transcript; certify the corrected transcript for submission to the district court. Approximately 5 percent of time will be spent on this duty.
4. Answer questions and provide information to the public, law enforcement agencies, attorneys, and to other NDDOT employees regarding matters under the jurisdiction of the Department: Respond to inquiries from the public, law enforcement agencies, attorneys, and other entities regarding matters under the jurisdiction of the Department, including NDDOT administrative hearing procedures, hearing arrangements, drivers license laws, and motor vehicle laws; keep informed concerning North Dakota court decisions and federal court decisions relating to drivers licensing; keep informed concerning current North Dakota law and federal law relating to drivers licensing; conduct brief research when necessary to ensure accuracy of information provided; when appropriate, refer inquiries to proper person or agency; participate in telephone discussions of these matters with other hearing officers. Approximately 10 percent of time will be spent on this duty.
5. Provide information as appropriate concerning the implied consent hearing process: Provide training materials and other written information concerning the implied consent hearing process to law enforcement officers; talk to individual officers and groups of officers about the implied consent hearing process; hold hearings that can be observed by new or inexperienced officers. Approximately 5 percent of time will be spent on this duty.
6. Other duties as assigned: When requested, perform legal research and prepare legal memoranda concerning issues relating to NDDOT hearings; when requested, handle the chief hearing officer's task of daily case review and assignment: - Carefully review and screen all new hearing files; check each file for timeliness, for completeness, and for any problems with test records; issue summary dismissals as appropriate. - Assign new cases to hearing officers after careful scrutiny of types of cases, complexity of cases, locations of cases, current workloads, hearing officers' leave and training plans, and any other relevant factors. - Notify each hearing officer by e-mail concerning each case that is being assigned and transmit an electronic copy of the hearing file to the hearing officer. - Update the workload program daily, removing completed items and adding new items; participate in training and obtain continuing legal education as appropriate. Approximately 5 percent of time will be spent on this duty.
September 21, 2012