Board Member

Employer
USAJobs
Location
Washington, D.C
Posted
Jan 12, 2022
Closes
Jan 20, 2022
Function
Administrative
Hours
Full Time
Duties

The Board provides de novo review (which may include an evidentiary hearing) of certain types of final decisions of HHS operating components, such as funding disallowances in discretionary and mandatory grant programs. The Board also provides appellate review of certain Administrative Law Judge (ALJ) decisions involving civil remedies and related matters, including, but not limited to, ALJ decisions involving fraud, abuse and non-compliance determinations by the HHS Inspector General or CMS; provider/supplier Medicare enrollment and revocation determinations; and civil monetary penalties imposed by certain HHS offices or agencies. Upon designation, Board Members may also serve as presiding officers for plan amendment approval, and debarment cases.

As the Presiding Board Member in an appeal before the Board, the Board Member may preside over adversarial hearings and conferences that can be one week or more in duration. The Board Member serves as an Administrative Judge who handles highly complex legal and factual issues raised by the disputes. The Board Member keeps good order in proceedings where the position of each party is vigorously represented by extremely capable legal talent, including counsel from major national law firms. The Board Member assures that the parties address all matters necessary to complete and fair resolution, receives expert testimony, rules on any procedural objections, keeps to a minimum redundant irrelevant, and immaterial testimony and arguments, and takes steps to a sure procedural fairness of the proceedings. Where appropriate, the Board Member presides over joint proceedings involving multiple appellants and respondents, each represented by counsel, and requiring special adaptation of existing procedures. In addition to in-person hearings and conferences, the Board Member presides over a wide variety of telephone conferences, which often are taped or transcribed and which are used by the parties to make substantive presentations and to support procedural motions.

In civil remedies and related cases, the Board Member reviews initial decisions by ALJs. The Board Member decides which appeals should be reviewed under specific legal standards applicable to the type of case. For cases meriting review, the Board Member typically analyzes lengthy hearing records and resolves complex procedural and substantive issues subject to deadlines prescribed by regulations. These cases may be highly sensitive, with a potentially detrimental effect on the individuals or organizations involved.

After the record in an appeal has been fully developed and analyzed, including all necessary oral proceedings, the Board Member prepares a written decision that addresses all the issues raised, including all questions of fact and law. These decisions, on behalf of the Secretary, typically represent the final administrative action of the Department and are binding on the Government and the appellants in the administration of Department programs. The Board Member revises draft decisions in accordance with comments from the Chair and other panel members responsible for the appeal. The Board member also reviews and provides feedback on the draft written work of other Board members.

The Board Member considers the evidence in the record, including conflicting expert testimony and determines its proper weight. The Board Member analyzes and resolves all issues raised, considering the constitutional, statutory, regulatory provisions, and case law, applicable Departmental policy and precedent, and Appeals Board precedent. Board decisions frequently require analysis of extremely complex legal theories, involving particularly complicated and detailed statutory provisions. The decisions require a high order of original and creative analysis in interpreting established precedent and in formulating new precedent in currently evolving areas of law.

Requirements

Conditions of Employment

  • This employer participates in the E-Verify Program
  • U.S. Citizenship is required
  • New appointees must successfully complete a 1-year probationary period
  • Subject to satisfactory security and suitability determinations, including a Public Trust background investigation
  • You must meet the qualification requirements of this position no later than the closing date of the job opportunity announcement.
  • Must possess J.D. or LL.B degree
  • Subject to appointment by appointing official


Qualifications

Open to all status candidates and U.S. Citizens.

As a basic requirement for this position applicants must have a full seven (7) years of experience as a licensed attorney that includes experience preparing for, participating in, and/or reviewing formal hearings as defined below or trials involving litigation and/or administrative law at the Federal, State or local level. Formal hearings are defined as proceedings 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. Applicants must have prior experience working at or above the GS-15 level or its equivalent with the state or local government, private sector, or non-government organization.

Professional Technical Qualifications (PTQs)

This position also requires that you possess PTQs that represent knowledge, skills, and abilities essential for success in this role. The following PTQs must be evident in your resume.

1) Demonstrated experience in adversarial litigation as adjudicator, counsel, or adviser, including evidence of ability to display judicial temperament in interacting with parties, witnesses and counsel.

2) Demonstrated ability to quickly and effectively master complex, diverse, and changing areas of law, building on existing familiarity with administrative law generally.

3) Excellence in legal writing involving complex legal issues, particularly interpretation and application of statutory or regulatory language.

4) Demonstrated team-building and leadership skills in professional settings, particularly in building consensus on difficult topics, in working cooperatively with peers, and in mentoring and developing attorneys.

Education

Must possess J.D. or LL.B degree.

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. 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.

Additional information

Expanded/Maximum telework Posture :-Due to COVID-19, the agency is currently in a maximum telework posture. If selected, you may be expected to telework upon your appointment. As employees are permitted to return to the office, you may be required to report to the duty station listed on this announcement, even if your home/temporary telework site is located outside the local commuting area. Your position may be eligible for workplace flexibilities which may include remote work or telework options, and/or flexible work scheduling. These flexibilities may be requested in accordance with the HHS Workplace Flexibilities policy.

Salary for this position varies depending on qualifications. The annual salary range may be found at the top of this announcement. This position may be eligible for performance bonuses and performance based pay adjustments.

Probationary Period:

An individual's initial career appointment becomes final only after the individual successfully completes a one year probationary period.

Standards of Conduct/Financial Disclosure

HHS inspires public confidence by maintaining high ethical principles, and all Federal Government employees are subject to the conflict of interest statutes and regulations, including the Standards of Ethical Conduct , that govern activities with outside organizations and reporting financial holdings. The Ethics in Government Act, PL 95-521 also requires the applicant selected for this position to submit a Public Financial Disclosure Report, OGE-278 , prior to assuming the position, annually, and upon termination of employment.

Security and Background Requirements

If not previously completed, a Public Trust background security investigation will be required for all appointees.

Equal Opportunity Employment

Equality is held as one of the most important values at HHS. Selection for this, and any other position, will be based solely on merit. HHS does not discriminate based on race, color, religion, sex, national origin, political affiliation, marital status, sexual orientation, physical or mental disability, age or membership or non-membership in an employee organization, or any other non-merit factors.

If applying online poses a hardship to you, you may submit your application by contacting Gregory Stewart .

Reasonable Accommodation Policy Statement

Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact: Gregory Stewart . Requests for reasonable accommodation will be made on a case-by-case basis.

Veteran's Preference

Veteran's Preference applies as far as administratively feasible

Selective Service

As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.

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