867399 - SPECIAL DEPUTY - 40031048 1 1

State of Florida

18d•$45,000 - $55,000•Onsite

About The Position

A Special Deputy is an Administrative Hearing Officer pursuant to Chapter 120, Florida Statutes. A Special Deputy conducts administrative hearings on disputed reemployment assistance (RA) claims based on appeals filed by claimants and employers concerning the payment or denial of benefits. The Special Deputy also resolves issues such as overpayment and repayment of benefits, fraud, and charges to employers. In pre-hearing, hearing and post hearing actions, the Special Deputy must adhere to the statutory requirements of Chapter 120, Florida Statutes, Chapter 443, Florida Statutes, Chapter 73B, Florida Administrative Code, the Florida Evidence Code, Federal Performance criteria, and relevant Federal Regulations. The Special Deputy formal written decision constitutes final agency action.

Requirements

Knowledge of Reemployment Assistance (unemployment compensation) law and rules, court rules, applicable court cases.
Knowledge of the principles and techniques of effective verbal and written communication.
Skill at legal research and conducting administrative hearings.
Ability to evaluate legal issues; compose and prepare decisions, and conduct hearings under stress.
As a condition of pre-employment eligibility, a Level 2 security background screening is required, which consists of fingerprinting and a check of local, state, and national law enforcement records.
Duties and responsibilities of this position must be performed at the official work site of the Department.
Travel may be required and must provide own transportation.

Nice To Haves

At least 1 year Career Service as an Appeals Referee; job must be performed in Tallahassee office.

Responsibilities

APPEALS HEARINGS ACTIVITIES: The hearings are conducted at established locations within the geographic area served by the appeals office and may be conducted in person, by telephone, or a combination thereof. The hearings are formal evidentiary hearings conducted pursuant to Section 120.57, Florida Statutes. Among other things, the Special Deputy is required to: take all evidence under oath or affirmation, determine the order of testimony, develop the hearing record, control disruptive parties, rule on objections to evidence, and rule on all oral or written motions filed with the Special Deputy during the hearing. Regardless of whether a party is represented by counsel or duly authorized agent, the Special Deputy is responsible for ensuring that a complete record is made of the facts and circumstances surrounding the issues involved. The Special Deputy is responsible for ruling on claimant representatives’ requests for representation fees.
DECISION WRITING ACTIVITIES: The Special Deputy must issue a written decision on each case, using proper grammar, punctuation, and sentence structure in composing decisions. Decisions must be prepared in a timely manner to meet federal time lapse standards. In formulating the decision, the Special Deputy must analyze the evidence entered in the record at the hearing. The Findings of Fact as set forth in the decision are binding on further appeal, if based upon competent, substantial evidence in the record. In analyzing the evidence, the Special Deputy must rule on the competency and sufficiency of the evidence, resolve disputed issues of material fact, and ensure that all relevant findings are included. The Special Deputy must make credibility determinations clear in the decision as needed to resolve conflicting witness testimony. The Special Deputy must accept or reject proposed findings of fact submitted by a party pursuant to Chapter 120, Florida Statutes. The Special Deputy is required to analyze the facts according to the statutory provision on appeal and any applicable rules in the Florida administrative Code and apply interpretations issued by administrative and appellate reviewing authorities (Reemployment Assistance Appeals Commission and all Appellate Courts). If a party files a brief, the Special Deputy must either accept or reject the case citations therein and specifically set forth the rationale for any rejection. If the Special Deputy is presented with a disputed issue of material fact, the decision must specifically set forth the dispute and the rationale by which it was resolved. The ultimate decision sets forth the administrative action the agency must take. By statute, the adversely affected party or the Department of Commerce may file an appeal to a Special Deputy’s decision.
The ultimate decision sets forth the administrative action the agency must take. By statute, the adversely affected party or the Department of Commerce may file an appeal to a Special Deputy’s decision.
PREHEARING AND SCHEDULING ACTIVITIES: The Special Deputy is routinely required to review each assigned case file, determine the issue(s) involved and set the date, time and location for the hearing. The Special Deputy must schedule sufficient time in which to review all case materials, hold the hearing, write a decision, as well as to provide feedback to the Administrator regarding common issues identified in Adjudication determinations. The Special Deputy is responsible for ensuring that the case file is complete. The Special Deputy must rule on pre-hearing motions, such as motions to affect discovery, issue or quash subpoenas, motions for continuance, and any other pre-hearing motions filed by a party.
ADMINISTRATIVE AND TRAINING ACTIVITIES: The Special Deputy must timely and accurately prepare required reports, such as time distribution, expense reimbursement, case status, and any other required reports. The Special Deputy must respond, either orally or in writing, to party requests concerning the status of cases, timely read and analyze decisions from higher level reviewing authorities and is responsible for learning and administering statutory and rule changes. The Special Deputy will read and follow all remand orders received from the Reemployment Assistance Appeals Commission and maintain familiarity with case precedent. The Special Deputy will participate in providing the input for local and statewide training programs.