Job Announcement
Hearing Officer
N.D. Department of Transportation, Bismarck, ND

Job Title: Hearing Officer (Attorney I) (Temporary) (29079)

Job ID: 3006170

Location: Legal Division, Bismarck, ND (Applicant can be located in Western North Dakota)

Status: Temporary, Part-Time (24 – 32 hours per week)

NDDOT Entry Salary: $30 - $40 (DOE)

Closing Date: June 27, 2017

Summary of Work

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 the time will be spent on this duty.

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 and/or counsel.  Approximately 25 percent of the time will be spent on this duty.

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 the time will be spent on this duty.

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.  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 the time will be spent on this duty.

Provide information and training to law enforcement officers 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 the time will be spent on this duty.

Other duties as assigned:  When requested, perform legal research and prepare legal memoranda concerning issues relating to NDDOT hearings.  When requested, handle the 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 email 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 the time will be spent on this duty.

Minimum Qualifications

Requires a Juris Doctorate degree and licensure to practice law in North Dakota, or the expectation of imminent admission to the North Dakota Bar.

Requires satisfactory completion of the interview process and a verifiable record of satisfactory performance in previous employment.

Application Procedures

Applications will ONLY be accepted online through the ND PeopleSoft System.

In addition to the online application, applicants should upload the following documents

Applicants, who are residents of ND and eligible to claim veteran's preference under North Dakota Century Code 37-19.1, must also upload the appropriate documents during the application process.

Applicants who experience difficulties during the application process should contact recruiter@nd.gov or 701.328.3290. 

Application materials will be scored based on a 100 point job related personnel system. Applications should include information which directly addresses how the applicant meets the minimum qualifications and summary of work. It is very important to be thorough and detailed on all your application materials. 

Driving records of potential employees will be reviewed when the positions requires a driver’s license. No person will be hired for a position with requires a driver’s license if any of the following apply:

  1.  Driver’s license is suspended, revoked, or canceled in any state, including CDL restrictions if a CDL is required for the position.
  2. Driving records shows two or more convictions within a three-year period to the date of application for the following:
    1. Driving with a suspended, cancelled, or revoked license
    2. Fleeing in motor vehicle from law enforcement officers
    3. Driving or being in actual physical control of a vehicle under the influence of alcoholic beverages or controlled substances with a blood alcohol content of 0.08 percent or more 

NDDOT does not provide sponsorships.

Applicants should contact Jason Sutheimer, SPHR, SHRM-SCP at 701-328-4358 or jsutheimer@nd.gov in advance of the position closing date of June 27, 2017, if they require accommodation during the application, recruitment, or selection processes or would like a complete Job Description Questionnaire. 

For questions regarding this position’s duties or requirements, please contact Peter Halbach at 701-665-5135.

TTY users may use Relay North Dakota at 711 or 1-800-366-6888.

Equal Employment Opportunity

The State of North Dakota and this hiring agency do not discriminate on the basis of race, color, national origin, sex, genetics, religion, age or disability in employment or the provisions of services and complies with the provisions of the North Dakota Human Rights Act.

As an employer, the State of North Dakota prohibits smoking in all places of state employment in accordance with N.D.C.C. § 23-12-10.