Administrative Law Judge

Employer
USAJobs
Location
Washington, D.C
Posted
Oct 27, 2021
Closes
Nov 01, 2021
Function
Administrative
Hours
Full Time
Duties

Summary

Administrative Law Judges (ALJ) occupy unique positions of trust. The incumbent serves as an ALJ in the Office of Hearings and Appeals (OHA) within the Department of Energy (DOE).
Learn more about this agency

Responsibilities

As an Administrative Law Judge (ALJ) you will:
  • Preside over formal and informal quasi-judicial hearings, adjudicate appeals, and issue written decisions on behalf of the Secretary of Energy.
  • Decide questions of law and fact necessary to decisions in matters affecting industry regulation, personnel security, Freedom of Information Act (FOIA) requests, and personnel health and safety.
  • Exercise certain powers as provided by law and exercise independent judgment in resolving administrative cases and appeals. Decisions may be subject to review by the OHA Director or the Secretary of Energy, and decisions in formal hearings may be further reviewed by U.S. Federal Courts.
As a DOE ALJ, the incumbent may be required to conduct hearings in person or through video teleconferencing, at the discretion of the OHA Director. In-person hearings may take place anywhere throughout the country; video teleconferencing may take place from OHA's offices or remotely from another location.

The incumbent must resolve matters including, but not limited to:
  • Enforcement actions for alleged violations of energy efficiency regulations;
  • Eligibility of personnel to hold an access authorization (security clearance);
  • Contractor-employee whistleblower claims; and
  • FOIA and Privacy Act appeals.
In addition to judicial duties, the incumbent may provide training to colleagues and other DOE offices on matters of substantive and procedural law; mentor and develop OHA staff attorneys and administrative judges; and conduct mediations or settlement negotiations. At the discretion of the OHA Director, DOE ALJs may utilize OHA staff attorneys to assist with decision-writing and case management, but will not have any supervisory duties.

Travel Required

Occasional travel - You may be expected to travel for this position.

Supervisory status
No

Promotion Potential
3

Requirements

Conditions of Employment



CITIZENSHIP: Must be a U.S. Citizen

Homeland Security Presidential Directive (HSPD-12): A selectee's appointment is contingent upon compliance with Homeland Security Presidential Directive (HSPD-12) governing personal identity.

FINANCIAL DISCLOSURE REPORT (OGE 450): If you are selected for this position, you will be subject to the U.S. Department of Energy mandatory requirements and will be required to file a confidential financial disclosure report (OGE-450) within 30 days of entry on duty, and annually thereafter.

SELECTIVE SERVICE: All males born after December 31, 1959 must abide by laws regarding Selective Service registration. To learn more about this law, visit the Selective Service web page, Who Must Register . If you are not registered and don't have an approved exemption, you will not be eligible for employment with the Federal government.

eVERIFY: New employees to the Department of Energy will be required to successfully pass the E-Verify employment verification check. To learn more about E-Verify, including your rights and responsibilities, visit www.dhs.gov/E-Verify ."

This is an Excepted Service position. This appointment will not confer Competitive Service career-conditional or career tenure status. This means that if you are selected, you would have to compete with other applicants in open competition to meet requirements for another Federal position. Applicants who voluntarily convert from the competitive service, Senior Executive Service, or other pay systems to a non-time limited appointment under this excepted service authority are not afforded "fallback rights" to the pay system previously assigned prior to conversion.

Qualifications

MANDATORY QUALIFICATIONS:

An applicant must meet the minimum qualification, education and professional licensure requirements and additional qualifying experience for the ALJ position.

Education: Applicants must possess a LL.B., J.D., or LL.M. degree. (On your resume provide the year in which you obtained your degree and the name of the College or University from which it was conferred/awarded.) AND

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 throughout the selection process, including any period on the standing register of eligibles. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. Being in "good standing" is acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law (Please provide the year in which you first obtained your license and the jurisdiction from which it was issued.) AND

Experience: Applicants must have at least ten (10) years of post-bar admission experience as a licensed attorney participating in, presiding over, and/or appealing formal or informal hearings or trials involving litigation and/or administrative law at a Federal agency, preferably the DOE.
  • Qualifying litigation or appellate experience involves cases in which a complaint, charging document (e.g., indictment or information), application, or appeal was before a Federal agency's adjudicatory body.
  • Qualifying administrative law experience involves cases in which a formal procedure was initiated by or against a federal agency.
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. PLEASE SEE THE SECTION ENTITLED "HOW YOU WILL BE EVALUATED".

An applicant's total experience, education and volunteer work experience must demonstrate the ability to perform the duties of a DOE ALJ.

"Experience" refers to paid and unpaid experience. Examples of qualifying unpaid experience may include: volunteer work done through National Service Programs (such as Peace Corps and AmeriCorps); as well as work for other community-based philanthropic and social organizations. Volunteer work helps build critical competencies, knowledge and skills; and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

You must meet all qualification and eligibility requirements by the closing date of this announcement.
DOE uses an application tracking system to evaluate the responses you provide in the applicant assessment questionnaire to determine if you meet the eligibility requirements and minimum qualifications necessary for this position. Then the HR Office and/or Subject Matter Expert (SME) will conduct a quality review of your application and supporting documentation to determine if your qualifications meet the criteria for referral to the selecting official.

You must meet all qualification and eligibility requirements by the closing date of this announcement.

Education

Applicants must possess an LL.B., J.D., or LL.M. degree and be licensed to practice law.
You must provide a copy of your transcripts from an accredited institution. Be sure to include those transcripts directly applicable to determining your meeting the education requirements. Failure to provide proof of education will result in non-consideration for this position. OFFICIAL ORIGINAL TRANSCRIPTS will be required to be provided prior to entrance-on-duty for individuals selected.

Education must be obtained from an accredited institution recognized by the U.S. Department of Education. For special instructions pertaining to foreign education and a list of organizations that can evaluate foreign education, see Department of Education

Additional information

FEDERAL REQUIRMENT FOR COVID-19 VACCINATION:
As required by Executive Order 14043, Federal employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work), subject to such exceptions as required by law. If you are selected for this position, you will be required to be vaccinated against COVID-19 by November 22, 2021, or prior to onboarding, if hired after November 22, unless you request a legally required exception from this requirement.

As part of onboarding, you will need to submit DOE's Certification of COVID-19 Vaccination for Prospective Federal Employees attesting to truthfulness that you are fully vaccinated by November 22, 2021, or prior to onboarding, if hired after November 22, 2021. Once onboard, you will then be required to provide proof of vaccination in DOE's MyEnergy system and certify the documentation you provide is true and correct under penalty of perjury. Providing a knowing and willful false statement on either DOE's COVID-19 Vaccination Form prior to starting or when providing proof of vaccination in DOE's MyEnergy system once onboard is punishable by fine and/or imprisonment (18 U.S.C. 1001) and will result in termination from Federal service.

Applications contain information subject to the Privacy Act (PL 93 579, 5 USC 552a). The information is used to determine qualifications for employment and is authorized under Title 5, USC, Section 3302 and 3361. DOE fosters a diverse and inclusive workplace and is an Equal Opportunity Employer.

Consideration of Veterans' Status: While there is no formal rating system for applying veterans' preference to ALJ positions in the excepted service, the Department considers veterans' preference eligibility as a positive factor in ALJ hiring. For information regarding veteran's eligibility to apply: Veteran's Information

For general information on government-wide Telework polices visit: www.telework.gov

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

You will be evaluated for this position based on how well you meet the qualifications above, as reflected in your resume. Applicants meeting the minimum requirements will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following Desirable Qualifications (DQ):
  • Ability to demonstrate the appropriate demeanor and temperament to serve as a DOE ALJ.
  • Experience handling administrative adjudications.
  • Experience handling complex cases and legal issues.
  • Knowledge of DOE laws and procedures.
  • Substantial trial, appellate, and/or administrative law experience, preferably in a high-volume context.
  • Ability to conduct administrative hearings.
  • Knowledge of judicial practices and procedures.
  • Experience leading, training, and/or mentoring (preferably attorneys or professional staff).
  • Experience conducting alternative dispute resolution.
  • You are required to specifically address each of the nine (9) DQs in narrative form, to the best of your ability. A response stating only that you have experience will not be considered as addressing the specific desired qualifications. As noted under Qualifications (above), please specifically describe all experience. If you do not have experience within a specific factor, you may discuss a similar skill/ability/knowledge/experience for evaluation. Failure to address each desired qualification at this minimum level will result in an ineligible determination.

    The DQs must be addressed on a separate document which numbers each specific desired qualification being addressed.

    You should be thorough in addressing each DQ. For example, when addressing DQ #5 (substantial trial, appellate, and/or administrative law experience) you should discuss the approximate number of cases handled in a given period of time, your specific role (hearing officer at federal agency, law clerk for ALJ, etc.), and the length of time involved in a given role (agency counsel for 50 administrative hearings in 10 years).

    You should also include specific examples of the types of cases, the number of court appearances made in those cases, and the case dispositions (i.e., plea, settlement, administrative hearing, etc.). Conclusory statements (such as, "I have been involved in a substantial amount of litigation") will receive little or no weight in the DQ evaluation.

    If your resume is incomplete or does not support the responses you provided in your online questionnaire, or if you fail to submit all required documentation before the vacancy closes, you may be rated "ineligible", "not qualified", or your score may be adjusted accordingly.

    Selecting official may check references on those applicants referred for consideration. References will be checked on the selectee prior to an employment offer.

    Background checks and security clearance

    Security clearance
    Q Access Authorization

    Drug test required
    Yes

    Position sensitivity and risk
    Critical-Sensitive (CS)/High Risk

    Trust determination process
    Suitability/Fitness , Credentialing

    Required Documents

    Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants.

    A complete application for this position includes the following items:

    1. Resume not to exceed five (5) pages. Your resume must demonstrate your experience, accomplishments, training, education and awards reflecting your ability to meet the qualification requirements for this position. Elaborate on your experience and accomplishments, highlighting your level of responsibilities, scope and complexity of programs managed, work objectives met (results of your efforts), policy initiatives and level of contact. DO NOT submit the application form OF-612, Optional Application for Federal Employment, in lieu of a resume.
    • Your resume should list all work experience (paid and unpaid); you must list the full name and address of the each employer.
    • For all types of work experience, you should indicate the start and end dates (include month, day, and year); you must also list the average number of hours per week that you worked.
    • For paid work experience, please indicate your starting grade/salary for each position and the highest grade/salary you earned (if different).
    • Your resume should also include any education and training you have completed (list the program title, subject area, number of hours completed, and completion date).
    • For more information about what to include in your resume, please view this USAJOBS Resume Tutorial video on YouTube.
    2. A separate written narrative response addressing each of the nine (9) Desirable Qualifications (DQ) identified above in the section entitled, "How You Will Be Evaluated." Written responses to the desirable qualifications should be separately numbered and the entire document addressing all nine (9) DQ must not exceed five (5) pages total. You must use Arial 12-point font with at least one-inch margins for the DQs written narrative responses.

    3. Documentation of proof the applicant is 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 throughout the selection process, including any period on the standing register of eligibles.

    4. Most recent SF-50 (Standard Form 50 - Notice of Personnel Action). To properly verify status eligibility, your SF-50 must show the following: 1) Full position title; 2) appointment type; 3) occupational series; 4) pay plan, grade, and step; 5) tenure code; 6) service computation date (SCD).

    If you are selected for this position, you may be asked to provide additional documentation to verify your responses.

    If you are relying on your education to meet qualification requirements:

    Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

    Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

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