Position Information

NY HELPNo

AgencyEnvironmental Conservation, Department of

TitleDeputy Commissioner for Hearings & Mediation

Occupational CategoryAdministrative or General Management

Salary GradeNS

Bargaining UnitM/C - Managerial/Confidential (Unrepresented)

Salary RangeFrom $167754 to $207762 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Exempt Class

Travel Percentage 10%

Schedule

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 8:30 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

Location

County Albany

Street Address 625 Broadway

City Albany

StateNY

Zip Code12233

Job Specifics

Minimum Qualifications Admittance to the New York State Bar and 11 years of post-bar legal experience in administrative or environmental law.

Duties Description The Deputy Commissioner for Hearings and Mediation Services ("OHMS") is responsible for overseeing all public hearings conducted by the New York State Department of Environmental Conservation pursuant to 6 NYCRR Parts 622 (enforcement) and 624 (permit hearings). They provides direct legal advice and support to the Commissioner regarding decisions and orders issued during and on completion of adjudicatory permit and enforcement hearings held under the authority of the Environmental Conservation Law and other applicable statutes, and exercises overall policy guidance and legal direction over OHMS and its Chief Administrative Law Judge, Hearings Counsel and Administrative Law Judges ("ALJs").

Major duties and responsibilities of this position include:
- Preparing final Commissioner decisions and orders following the closing of the hearing record and completion of ALJ hearing reports and reviewing hearing reports prepared by OHMS to ensure compliance with substantive law and procedural requirements;
- Preparing interim Commissioner decisions and orders during the course of an administrative proceeding;
- Monitoring pending hearings to identify a) potential policy conflicts among Department programs; b) areas where Departmental policy needs to be established; c) ambiguity or inconsistency in environmental statutes or regulations; and d) regional and program variations in permitting and enforcement, and appropriate solutions;
- Ensuring completeness of the record file to be made available to the Commissioner;
- Monitoring the administration of the Uniform Procedures Act (ECL Article 70) and the State Environmental Quality Review Act (ECL Article 8) with respect to matters referred to OHMS for hearing and assuring procedural regularity prior to decision-making;
- Serving as the Commissioner's liaison with Deputy Commissioners and Division Directors to obtain technical advice for decision-making, consistent with the applicable ex parte rules;
- Cooperating and coordinating with other State agencies in matters involving the hearing and mediation process, as well as providing Department ALJs as presiding officers for other agencies as appropriate;
- Assisting in the development of legislation and the promulgation of rules and regulations relating to the hearing and mediation process and related Department programs;
- Serving as OHMS contact for the Department’s Office of Public Affairs and the Department’s Office of Legislative Affairs;
- Representing the Commissioner and the Department at appropriate governmental boards, conferences, professional and administrative meetings, including but not limited to the State of New York Board on Electric Generation Siting and the Environment;
- Directing reallocation of OHMS fiscal and personnel resources, . in conjunction with the Chief Administrative Law Judge, to reflect changing needs and priorities;
-Serving as direct supervisor of the Hearings Counsel, with respect to their assignments and work;
- Serving, per Department regulation, as Freedom of Information Law ("FOIL") appeals officer for FOIL appeals arising from FOIL requests to OHMS; and
- Undertaking special projects at Commissioner’s direction.

Additional Comments Must have a valid driver's license or demonstrate the ability to meet the transportation needs of the position. Travel may be required. Overtime may be required. Overnight travel may be required. Telecommuting may be available, will be discussed at interview.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.

DEC is an Equal Opportunity Employer.

Some positions may require additional credentials or a background check to verify your identity.

Contact Information

Name Marline Agnew

Telephone 518-402-9273

Fax 518-402-9038

Email Address PostingResponses@dec.ny.gov

Address

Street 625 Broadway

City Albany

State NY

Zip Code 12233

 

Notes on ApplyingPlease email/mail your resume to the above. Be sure to include Vacancy #24-167011 on your letter/resume and also in the subject line of the email or it may not be accepted.