Counsel II

Commonwealth of Massachusetts•Boston, MA

15d

About The Position

Provide legal advice on matters related to the Board of Appeal. Provide guidance and legal opinions to all Board staff regarding the hearing process, the analysis of appeals and decisions; assist the Executive Secretary with review of Appellant complaints to determine whether corrective action should be taken, researches legal issues, drafts and reviews legislation related to Board. Counsel II’s employed by the Board of Appeal also serve primarily as Administrative Review Officers and are assigned to all those duties and responsibilities as assigned to that position such as facilitating the administrative hearings related to the appeal of At-Fault Accident Surcharges issued by Insurance Companies. The purpose of this work is to conduct hearings virtually or in whatever format is determined by the managing body of the Division of Insurance as it relates to the Board of Appeal. To collect any and all evidentiary information as submitted by the involved parties, and ensure the equitable settlement of grievances. Train hearing officers and implement any and all new requirements as they may relate to the continued advancement of technology and all new policies and procedures needed to accomplish those goals as initiated by management of the Division of Insurance

Requirements

Applicants must have a Juris Doctor (JD) degree
Admission to the Massachusetts Bar
At least three years of full-time, or equivalent part-time, professional experience in the practice of law.
Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Nice To Haves

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.
Ability to exercise discretion and sound judgment.
Ability to interact effectively with diverse groups of people.
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, and produce written documents.
Ability to lead or work with cross-functional project teams.
Ability to manage multiple projects and 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.
Ability to adjust to changing technological needs associated with conducting virtual hearings.
Knowledge of the state law governing administrative hearings.
Knowledge of the reference and related sources available for legal research.
Knowledge of the laws and rules governing the presentation and admissibility of evidence.
Knowledge of the laws, rules, regulations, policies, procedures, specifications, standards and guidelines governing agency operations and assigned unit activities.
Knowledge of the principles and practices of records management.
Knowledge of the types and availability to public or private organizations and sources for providing legal services.
Knowledge of the types and uses of agency forms.

Responsibilities

Conducts administrative hearings either virtually or in person as directed by Management with Appellants and/or Counsel for appeal of At-Fault Automobile Accident Surcharges as applied in accordance with the individual “Merit Rating Plans” used by the individual Insurance Companies.
Ensures the collection of all evidence, including insurance files and submissions by the parties to each hearing.
Reviews all evidentiary material or other information as submitted by all parties to each hearing.
Renders and disseminates decisions in an acceptable format based upon the governing laws, regulations and facts presented in accordance with Massachusetts General Laws Chapter 30A and Chapter 175.
Assembles and is responsible for the evidentiary record of each hearing as required by current general record keeping laws and guidelines.
Prepare for hearings by researching and reviewing all documentation, ensuring that dockets include all appellant, appeal and docket information, as well as any, evidence submitted to the board and forwarded to the associated folder and insurance files.
Ensure the TEAMS or other virtual hearing platform is functioning properly, including the ability to conduct outgoing telephone calls.
Ensure all appellants who have attempted to join the hearings, but were not admitted, are contacted to allow them to participate in their scheduled hearing before postponing.
Conduct hearings virtually, in person or by written submission/statement, if requested.
Convene the hearing and identify persons present. Swear in witnesses before testifying.
Maintain a fair, open-minded, and impartial attitude when conducting hearing(s)
Be clear and direct, but considerate of counsel, parties, witnesses, and others in hearings.
Provide ample time for insurance representative(s) to read each files into the record.
Permit the appellant and witnesses ample time to present their case.
Ensure participants in the hearing identify exhibits for the record when they are introduced.
Review all evidence, including any records, investigations, reports, and documents to be relied upon in making a decision and made a part of the record.
Identify any procedural errors and determine if action is warranted.
Review documentation after a hearing has concluded to determine whether conclusions are consistent with previous rulings and applicable regulations, guidelines and laws.
Provide feedback on issues related to hearings or documentation.
Make recommendations or corrections to the record to facilitate accurate and complete record-keeping.
Provide information and assistance to other agency personnel related to policy interpretation and required documentation to support agency decision-making.
Render equitable decisions based on laws, rules, regulations and facts presented during the course of a hearing in order to reach a fair judgment based on the evidence presented. Ensure written decisions clearly provide all pertinent facts and details.
Perform all other board work, as needed, to support the virtual or in-person At-Fault Accident Surcharge hearing.
Provides legal and operational advice and supervisory oversight for Administrative Review Officer’s I and II, Programmer I and staff Adminstrative Secretary I and Office Support Specialist I.
Provides training, guidance and legal opinions to hearing officers related to the hearing process, the proper analysis of individual appeals and the drafting of decisions in such a manner as to sustain Superior Court review.
Assists the Executive Secretary and Chairperson with consultation and review of hearings and/or decisions that result in appellant complaints to determine if they are founded in substance.
Conducts a review of the hearing recording, the administrative record, insurance submission and decision to determine what, if any, action or remedy is appropriate to address a concern such as granting a re-hearing, amending the decision or any other responsive letter or contact that will assure fair and consistent decision making and quality customer service.
Acts as a liaison with the Office of the Attorney General regarding appeals of Board decisions to Superior Court.
Coordinates and oversees the Board’s Special Assistant Attorney General representation.
Responds to deposition, subpoena and public records requests.
May serve as temporary Chairperson of the Board of Appeals upon absence of the Chairperson, conducting Registry of Motor Vehicle appeal hearings and Insurance Cancellation hearings, including rendering findings, ruling, orders and decisions.
Consults with agency counsel, staff, and as appropriate, representatives from other governmental agencies regarding legal issues policies or request for further appellate review of agency decisions.
Attends required training classes as requested to provide for continuing education relative to varied BOA needs as follows: Flaschner Judicial Institute Training Seminar for Administrative Law Judges and Hearing Officers; Advanced Driver’s Education Course presented by the National Safety Council; Accident Reconstruction presented by the Massachusetts State Police.
Trains hearing officers in all aspects of the position including methods of maximizing time management to effectuate timely writing and the prompt issuance of decisions.
Completes other duties as assigned.

Benefits

Comprehensive Benefits
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