Job Description
The new address of this position will be 1 Federal Street, Boston, MA 02110 in 2025.
About the Organization:
The Division of Occupational Licensure (DOL), an agency within the Office of Consumer Affairs and Business Regulation (OCABR), protects consumers by making sure the professionals they hire comply with state licensing laws. DOL oversees 26 boards of registration, which license and regulate more than 500,000 individuals and businesses to practice over 100 trades and professions. DOL also licenses and regulates the Office of Public Safety and Inspections (OPSI), and the Office of Private Occupational School Education (OS).
The mission of DOL is to protect the public health, safety and welfare by licensing qualified individuals and businesses to provide services to consumers. In addition, it is the duty of the DOL to ensure fair and consistent enforcement of the licensing laws and regulations. DOL seeks to promote consumer protection, a fair and competitive marketplace, and education and outreach.
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The Division of Occupational Licensure is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Division of Occupational Licensure values inclusiveness and diversity within their employee and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.
The Division of Occupational Licensure is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens.
About the Role:
The Senior Hearings Officer (Counsel III) serves as the Agency's subject matter expert on hearings for disciplinary cases for the boards of registration within the Division of Occupational Licensure and the Office of Public Safety and Inspections. The Senior Hearings Officer conducts adjudicatory and sanctions hearings as delegated by Division of Occupational Licensure boards of registration or Office of Public Safety and Inspections boards and programs. The Senior Hearings Officer drafts written decisions, manages assigned case load, and assembles the administrative record for all adjudicatory matters. The Senior Hearings Officer supervises Counsel II Hearings Officers and works with them to maintain efficiency in their dockets; reviews their draft opinions as necessary; creates best practices; supports training; and acts as a point of contact for management. Specific assignments may vary, based on the operational needs of the Agency. The Senior Hearings Officer may perform other legal and administrative tasks, as necessary or required, based on the operational needs of the Agency.
Duties and Responsibilities: (these duties are a general summary and not all inclusive)
- Serve as the Presiding Officer for administrative hearings pursuant to G.L. c. 30A and 801 CMR, in cases arising out of the DOL boards of registration or OPSI boards and programs.
- Act as supervisor for Counsel II Hearings Officers in the Office of Hearings, advise Hearings Officers on drafting and evidentiary rules, meet regularly with Hearings Officers, draft performance reviews, advise the Deputy General Counsel for Enforcement on the status of matters in the Office of Hearings.
- Enter scheduling orders that guide the parties through the adjudication, issue notices of hearings, and maintain dockets.
- Conduct adjudicatory hearings and sanctions hearings, as well as other hearings that the boards and programs may delegate.
- Decide matters of procedure, evidence, and substantive law.
- Conduct pre-hearing conferences to narrow legal and factual issues, and to determine witnesses and evidence to be presented at the hearing.
- Prepare written decisions on pre-hearing motions and may hold hearings on such motions.
- Question witnesses, hear evidence, and make determinations of fact and law.
- Prepare written decisions for the boards.
- Interpret statutes, regulations, and case law applicable to the boards and to pending cases.
- Draft all written communication with the parties.
- Resolve cases in a timely manner.
- Conduct training sessions for board members and for DOL staff regarding the conduct of hearings and the adjudicatory process, including matters of law, procedure, evidence, due process, and ethics.
- Prepare the administrative record for appeal.
- Perform legal research and other legal and administrative duties as required or assigned.
- Serve as technical expert, providing advanced and specialized expertise in administrative law to both internal and external clients, management, and colleagues; provide specialized and/or broad consultative advice, insight, and recommendations on specialized legal issues to assist Agency management decision making and to ensure compliance with Agency, state and federal laws and regulations.
- Educate and effectively communicate the interpretation of area-specific laws to internal and external clients and, if relevant, subordinates, to enhance knowledge and to enforce or promote the consistent administration of laws.
- Participates in training opportunities as requested.
Preferred Knowledge, Skills, and Abilities:
- Experience in litigation and/or administrative hearing processes /disciplinary processes pursuant to G.L. c. 30A and 801 CMR.
- Experience with the open meeting law, public records law, and state ethics law.
- Strong interpersonal and organizational skills.
- Experience working on legal issues involved in the various occupations overseen by the Agency and/or serving as legal counsel to boards or commissions.
- Experience working on legal issues involved in the various trades and public safety professions such as building, plumbing, electrical, and sheet metal codes, contractor disputes, municipal zoning and building inspections.
- Significant litigation experience and/or administrative hearing processes experience.
- Experience in legal research, legal writing, and participation in civil procedures and processes.
- Membership, in good standing, in the Massachusetts Bar.
- Knowledge of theory, principles and practices of law.
- Knowledge of procedures followed in courtroom and administrative proceedings.
- Knowledge of the methods and ability to conduct legal research and technical report writing.
- Ability to read and interpret legal documents and apply the law, rules and regulations governing agency operations within tight deadlines.
- Ability to exercise discretion and sound judgment.
- Ability to interact effectively with diverse groups of people, including approaching complainants in a trauma-informed way when needed.
- Ability to communicate effectively, both verbally and in writing, to clearly and concisely express thoughts and develop ideas in a logical manner.
- Ability to use a computer to conduct research, manage databases including electronic licensing system and produce written documents.
- Ability to lead or work with cross-functional project teams.
- Ability to manage multiple projects and project teams.
- Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.
- Ability to supervise, including planning and assigning work according to the nature of the job to be accomplished, the capabilities of subordinates, and available resources; controlling work through periodic reviews and/or evaluations; determining the need for and recommending disciplinary action.
All applicants should attach a cover letter and resume to their online submission for this position.
SALARY PLACEMENT IS DETERMINED BY YEARS OF EXPERIENCE AND EDUCATION DIRECTLY RELATED TO THE POSITION AND THE HUMAN RESOURCES DIVISION'S RECRUITING GUIDELINES. IN THE CASE OF A PROMOTIONAL OPPORTUNITY, THE SALARY PROVISIONS OF THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT WILL APPLY TO (OR WILL BE UTILIZED FOR) PLACEMENT WITHIN THE SALARY RANGE.
Qualifications
First consideration will be given to those applicants that apply within the first 14 days.
MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar Association, and at least (A) six years of full-time, or equivalent part time, professional experience in the practice of law in a specialized area that is relevant to the assigned agency. Based on assignment and supervisory responsibilities, three years in a supervisory capacity may be required.
Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.
Comprehensive Benefits
When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.
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An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.
The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.