Job Information
Occupational Safety and Health Review Commission Administrative Law Judge in Washington, District Of Columbia
Summary This position is in the Office of the Chief Administrative Law Judge located in Washington, DC. The physical work location is 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. The incumbent is a Federal Officer appointed by the Chairman, pursuant to 29 U.S.C. § 661(e), and works under the administrative direction of the Chairman. Responsibilities The 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 OSH 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. Requirements Conditions of Employment KEY REQUIREMENTS: You must be a U.S. Citizen. Travel is required (50 percent of the time or less). Moving and relocation expenses are not authorized. Selective Service Registration is required, as applicable (see https://www.sss.gov/). You must provide a resume and supporting documents (see required documents). E-Verify: If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System. Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system. You will be required to file an 'Executive Branch Personnel Financial Disclosure Report (OGE-278) in accordance with the Ethics in Government Act of 1978 using the INTEGRITY system. Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order 13843 - Excepting Administrative Law Judges from the Competitive Service dated July 10, 2018. Other Conditions of Employment Only U.S. Citizens 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. Qualifications Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined below to be eligible for a Review Commission ALJ position. In addition to mandatory qualifications, applicants will be required to address, and provide evidence of, desired skills and experience as a means of identifying top candidates. A. Licensure Applicants must be licensed and 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. All applicants must have an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which they are admitted to practice. 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 B. Qualifying Experience and Desired Skills 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. Other relevant qualifying experience includes 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. Experience that demonstrates knowledge of occupational health and safety law or other labor and employment laws is desired. To be considered as qualifying experience, the types of cases an applicant has handled or been involved with must have been conducted on the record under procedures at least as formal as those prescribed by the Administrative Procedure Act, 5 U.S.C. §§ 553 through 559. Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body, a private organization, or individual. Both types of experience may include: Participating in pretrial disclosure and discovery; Participating in settlement or plea negotiations in advance of trial or hearing; Preparing pretrial/prehearing motions or orders (including summary judgment motions); Participating in pretrial/prehearing conferences; Preparing for trial/hearing; 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. The applicant should also be prepared to identify how their qualifying litigation and/or administrative law experience reflects a commitment to public service and an ability to perform the functions of an ALJ in an impartial manner. Non-qualifying Experience: Experience involving cases with no formal hearing procedures and uncontested cases involving misdemeanors, probate, domestic relations, or similar uncontested 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 (QRFs). Please see "How You Will Be Evaluated" section of this job opportunity announcement. 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 Please read the "Qualifications" section. Additional Information 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. A "Public Trust" background is required for this position. All Federal employees are required to have salary payments made by direct deposit to a financial institution of their choosing. This is not a remote position. The incumbent is expected to report to 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. However, the incumbent may telework pursuant to the Review Commission's policy and procedures. Other Information EEO STATEMENT: The Review Commission is an Equal Opportunity Employer. Applications will be considered without discrimination based on race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, and without retaliation against any person asserting a right under anti-discrimination laws. This also, applies to decisions including, but not limited to, recruitment, hiring, compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment. 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.