Chapter VII An applicant who is rated ineligible at either grade level cannot refile in the examination earlier than one year after the date of previous filing. An applicant who receives an eligible rating may refile an application for a new rating at the same grade level no sooner than two years after the date of the previously filed application. The applications and documents submitted will be retained by the Bureau of Hearings and Appeals and be combined with any subsequent application filed. The applicant need not duplicate the former application but must comply with all the requirements of the Announcement including a current listing of cases. Chapter VIII How to File an Application (Read Carefully) 1 Complete Standard Form 171 and CSC Form 5001-ABC (also Standard Form 15 plus proof if claiming 10-point veteran preference). Send it with the necessary information required in paragraphs 4 and 5 below to: Department of Health, Education & Welfare Bureau of Hearings and Appeals, SSA SSI Task Force (326 Webb) P.O. Box 2761 Washington, D.C. 20013 2 On the SF-171, be sure to give a full description of the nature, extent, and complexity of work performed to establish at least six years of qualifying experience if applying for the GS-14 grade level or at least four years of qualifying experience if you are applying for the GS-13 grade level of the examination. 3 Your application must show that within the applicable period (six years or four years) immediately preceding the date of filing, you acquired at least one year of qualifying experience at the next lower grade level (Federal Government classified) or at least one year of qualifying experience of a level of difficulty, complexity, responsibility, and importance comparable to at least the next lower Federal grade level (non-Federal or unclassified positions). 4 Submit a listing of cases showing at least one year or 210 workdays of experience you spent on cases (within the applicable six or four year period immediately preceding the date of filing) which demonstrates the highest level of your qualifying experience. 5 If your application together with the listing of cases does not contain the names and current addresses of at least 20 persons who have personal knowledge of your professional qualifications, submit a supplemental list of individuals such as employers, supervisors, judges, opposing counsels, associate counsels. INTRODUCTORY STATEMENT Administrative Law Judges are employed by a wide variety of Federal regulatory bodies. Their positions are located in Washington, D.C., and throughout the United States. The cases over which they preside vary in subject matter and in the nature of the causes involved. In general, an Administrative Law Judge presides at formal hearings required by statute, and he may be required to make recommended or initial decisions on the basis of the record. His normal duties are to: 1. Administer oaths and affirmations. 2. Issue subpoenas authorized by law. 3. Rule upon offers of proof and receive relevant evidence. 4. Take or cause the taking of depositions whenever the ends of justice will be served thereby. 5. Regulate the course of the hearing. 6. Hold pre-hearing conferences for the settlement or simplification of the issues. 7. Dispose of procedural requests or similar matters. 8. Question witnesses, if necessary or desirable. 9. Consider the facts in the record and arguments and contentions made, or questions involved. 10. Determine credibility and make findings of fact and conclusions of law. 11. Recommend decisions or make initial decisions on the basis of reliable, probative, and substantial evidence on the record. 12. Take any actions authorized by agency rule consistent with the provisions of Title 5, United States Code. Reissued October 1973 Hearing Examiners may also be required to perform additional duties not inconsistent with their duties as Hearing Examiners. A person may become a Hearing Examiner only by appointment from the Hearing Examiner register established as the result of a competitive examination. The Hearing Examiner register is used only for appointments to Hearing Examiner positions. There is no probationary period to be served. A Hearing Examiner position may be filled by appointment from the register, or by the reinstatement, reassignment, transfer, or promotion of a person who has formerly received an appointment from the Hearing Examiner register. A Hearing Examiner is removable by the agency in which he is employed only for good cause established and determined by the U.S. Civil Service Commission after opportunity for hearing and upon the record thereof. Decisions, based upon hearings presided over by persons appointed as a result of this examination, will range in scope and importance from those determining the rights and liabilities of individual citizens to those which will deeply affect the economic welfare of entire regions of the United States. For this reason, the United States Government is vitally interested in insuring that only the very best qualified applicants in this examination receive appointments. The applicant should read with care this examination announcement in its entirety before he starts the preparation of his application. He should appreciate that, just as he is required to do in the advocacy of his cause at the bar, he must fully establish that his application clearly satisfies all the examination standards, in full accordance with the procedural requirements set forth below. FILLING POSITIONS CLASSIFIED IN GRADES GS-13 AND GS-14 Only a small number of Hearing Examiner positions are classified at grades GS-13 and GS-14, and vacancies occur in these positions too infrequently to justify the establishment of registers for these grade levels. Therefore, ratings will not be assigned and registers will not be established at the GS-13 and GS-14 grade levels. When a vacancy occurs in a position classified at grade GS-13 or GS-14, the Commission will issue a certificate of names taken from the GS-15 register. 3 4 REQUIREMENTS Quality of Experience An applicant must have had progressively responsible experience which demonstrates his ability to conduct hearings in a dignified, orderly, and impartial manner; determine credibility of witnesses; sift and analyze evidence; apply agency and court decisions; prepare clear and concise statements of fact, law, and order; and exercise sound judgment. Finally, an applicant must conclusively demonstrate that he has the judicial temperament and poise required for successful performance in a judicial or quasi-judicial position. More specifically, the following rating factors are considered in the determination of an applicant's eligibility: 1. Complexity, responsibility, variety, and difficulty of qualifying experience. 2. Ability to analyze and evaluate evidence. 3. Ability to interpret and apply laws, rules, regulations, and legal precedent. 4. Ability to write clearly and concisely statements of fact and law, recommendations, and orders. 5. Ability to secure facts from individuals through observation and interviews under difficult conditions. 6. Ability to handle difficult situations when presenting or preparing cases. 7. Ability to preside at and control meetings, conferences, or hearings. 10. Professional standing enjoyed by the applicant among the members 11. Knowledge and experience in technical subject-matter fields. Qualifying Experience An applicant, at the time of filing must be, and for a period of at least 7 years prior thereto must have been, duly licensed and authorized to practice as an attorney under the laws of a State or the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the Constitution. (This requirement, however, will not be applied in acting on noncompetitive actions involving individuals who have already received appointments as Hearing Examiner in the Federal service from the competitive register.) In addition, an applicant must clearly establish that he has had, in the aggregate, at least 7 years of experience in one or more of the categories listed below: |