Administrative Law Judge Job in Washington, DC

Vacancy No. OSHRC-2024-8 Department Occupational Safety and Health Review Commission
Salary $170,839.00 to $204,000.00 Grade 3 to 3
Perm/Temp Permanent FT/PT Full-time
Open Date 12/3/2024 Close Date 12/17/2024
Job Link Apply Online Who may apply Public
Locations:
Washington, DC


Summary

This position is located in the Office of the Chief Administrative Law Judge (ALJ) in the Washington, DC regional office of the Review Commission. The physical work location for this position is 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. The incumbent is a Federal Officer appointed by the Chairman, pursuant to 29 U.S.C. § 661(e), and works under the administrative direction of the Chairman and, as designated, the Chief Administrative Law Judge.

Duties

The ALJ conducts proceedings in accordance with the Administrative Procedure Act (5 U.S.C. 556-7), the Federal Rules of Evidence, the Federal Rules of Civil Procedure, and the Rules of Procedure of the Occupational Safety and Health Review Commission for alleged violations that arise under the OSH Act of 1970. The ALJ rules on preliminary motions, conducts pre-hearing conferences to settle issues or stipulate facts, and issues subpoenas and orders for pre-hearing discovery of evidence. The ALJ administers oaths and presides at hearings, which may include written and/or oral testimony, cross-examination, and exhibits, and determining credibility. The ALJ prepares and issues decisions with findings of fact and conclusions of law based upon the record and supported by reliable, probative, and substantial evidence.

Requirements

Conditions of Employment

  • You must be a U.S. Citizen.
  • You will be required to pass a background investigation and fingerprint check.
  • Selective Service Registration is required, as applicable (see https://www.sss.gov/).
  • Moving and Relocation expenses are not authorized.
  • Travel is required (50 percent or less).
  • Must provide a resume and supporting documents (See required documents).
  • E-Verify: If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System. Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system.
  • You will be required to submit a financial disclosure form (OGE Form 450 (confidential financial disclosure form) or the OGE Form 278e (public financial disclosure form) using the INTEGRITY system.
  • You must provide a resume and supporting documents (see required documents).
Only U.S. Citizens are eligible for employment with the Review Commission. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.

Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order 13843 - Excepting Administrative Law Judges from the Competitive Service dated July 10, 2018.

Current or former Federal ALJs serving in the competitive or excepted service. In that situation, per the Office of Personnel Management Guidance, the candidate will remain in the competitive service.

Qualifications

Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined below to be eligible for a Review Commission ALJ position. In addition to mandatory qualifications, applicants will be required to address, and provide evidence of, desired skills and experience as a means of identifying top candidates.

A. 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. All applicants must have an active bar status and/or membership in "good standing" for at least ten (10) years total in at least one jurisdiction in which they are admitted to practice. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining active status to practice law and being in good standing is also acceptable in lieu of active status in States where the licensing authority considers good standing as having a current license to practice law.

-AND-

B. Qualifying Experience and Desired Skills
Applicants must have a full seven (7) years of experience as a licensed attorney preparing for, participating in, and/or presiding over formal hearings or trials involving litigation and/or administrative law at the Federal, State, or local level. Other relevant qualifying experience includes participating in or conducting mediation, arbitration, or other alternative dispute resolution of the claims involved in such proceedings and preparing formal written decisions or opinions in such proceedings. Experience that demonstrates knowledge of occupational health and safety law or other labor and employment laws is desired.

To be considered as qualifying experience, the types of cases an applicant has handled or been involved with must have been 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.

Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body, a private organization, or individual. Both types of experience may include:
  • Participating in pretrial disclosure and discovery;
  • Participating in settlement or plea negotiations in advance of trial or hearing;
  • Preparing pretrial/prehearing motions or orders (including summary judgment motions);
  • Participating in pretrial/prehearing conferences;
  • Preparing for trial/hearing;
  • Trying or hearing cases;
  • Preparing briefs or opinions;
  • Participating in or conducting arbitration, mediation, or other alternative dispute resolution; or
  • Participating in appeals related to the types of cases above.
The applicant should also be prepared to identify how their qualifying litigation and/or administrative law experience reflects a commitment to public service and an ability to perform the functions of an ALJ in an impartial manner.

Non-qualifying Experience: Experience involving cases with no formal hearing procedures and uncontested cases involving misdemeanors, probate, domestic relations, or similar uncontested matters is not qualifying.

Education

Applicants must possess a Juris Doctor degree. They must also meet both the licensure and experience requirements outlined below to be eligible for a Review Commission ALJ position.

Additional information

  • There is no formal rating system for applying veterans' preference to appointments in the excepted service; however, the Review Commission considers veterans' preference eligibility as a positive factor in the hiring of ALJ positions.
  • A "Public Trust" background is required for this position.
  • The Immigration Reform and Control Act of 1986 require employers to hire only individuals who are eligible to work in the U.S. The appointee will be required to complete Form I-9, Employment Eligibility Verification, and provide acceptable proof of employment authorization and identity.
  • All Federal employees are required to have salary payments made by direct deposit to a financial institution of their choosing.
  • This is not a remote position. The incumbent is expected to report to 1120 20th Street, NW - Ninth Floor, Washington, DC 20036. However, the incumbent may telework pursuant to the Review Commission's policy and procedures.
Writing Sample: In addition to the minimum qualifications above, applicants must submit a writing sample which demonstrates their ability to author legal documents (not to exceed fifteen (15) pages) and a document addressing the Quality Ranking Factors (QRFs). Please see "How You Will Be Evaluated" section of this job opportunity announcement. Failure to submit these documents will result in your application being removed from consideration.

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).

Assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of title 5, United States Code, and the Executive Order 13843 - Excepting Administrative Law Judges from the Competitive Service dated July 10, 2018. Any appointment made under this announcement will be in the excepted service, Schedule E appointing authority, pursuant to Executive Order 13843.

EEO Statement: The Review Commission is an Equal Opportunity Employer. Applications will be considered without discrimination based on race, color, religion, sex, (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, and without retaliation against any person asserting a right under anti-discrimination laws. This also, applies to decisions including, but not limited to, recruitment, hiring, compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment.

Reasonable Accommodation Statement: The Review Commission provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application, please contact the Office of the Executive Director at (202) 606-5100. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

How You Will Be Evaluated

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

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 Quality Ranking Factors (QRF's). It is not expected that every successful applicant will have experience with all the QRFs. However, applicants are required to address each of the QRFs in narrative form, to the best of their ability.

  • Ability to demonstrate the appropriate temperament to serve as a judge.
  • Knowledge of occupational health and safety law or other labor and employment laws.
  • Experience participating in pretrial or prehearing disclosure and discovery; pretrial or prehearing motions or orders; and pretrial or prehearing conferences.
  • Experience managing or litigating a significant active caseload and the ability to render clear, thorough, and precise written pleadings or decisions.
  • Experience handling complex legal issues and/or complex litigation.
  • Experience participating in, or presiding over, formal hearings or trials that involve the litigation of civil or administrative law at the Federal, State, or local level, preferably demonstrating knowledge of occupational health and safety law or other labor and employment law and participating in or presiding over appeals related to these types of cases.
  • Experience participating in or conducting settlement conferences, or other alternative dispute resolution of the claims involved in such proceedings.
  • Experience preparing briefs or formal written decisions or opinions in proceedings.
  • Knowledge of judicial practices and procedures, including the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
The QRFs must be addressed on a separate document which indicates the number of the specific QRF you are addressing. Applicants should be thorough in addressing the QRFs. For example, when addressing the fourth QRF bullet point (experience managing a significant active caseload and the ability to render clear, thorough, and precise written decisions) address the approximate number of cases handled in a given period of time, the applicant's specific role (first chair, co-counsel, responsible for the written brief only, etc.), and the length of time involved in a given role (lead counsel in 20 jury trials in 10 years). Applicants should also include specific examples of the types of cases, the number of court appearances made, and documents written in those cases, and the case dispositions (plea, settlement, bench trial, jury trial, etc.). Conclusory statements (such as "the applicant has been involved in a substantial amount of litigation") will receive little or no weight in the evaluation of the QRFs.

Required Documents

  1. Resume documenting at least ten (10) years of experience post bar admission (include specific dates employed and if work was performed on a part-time or full-time basis) and seven (7) years of relevant litigation or administrative law experience.
  2. Documents addressing the QRFs. There is additional information regarding the QRFs under the "How You Will Be Evaluated" section.
  3. Writing Sample which demonstrates your ability to author legal documents (one only, and not to exceed 15 pages).
  4. Application of Veterans' Preference: For those applicants claiming veterans' preference. Indicate in resume and attach DD form 214 or other substantiating documentation to your submission.
  5. Completion of assessment/occupational questionnaire.

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.

How to Apply

You must submit a complete application package by 11:59 PM (EST) on Friday, December 17, 2024, the closing date of the announcement.

  • If you wish to be considered for this position, you must email your resume and supporting documentation to ovacancy@oshrc.gov prior to the closing date of this announcement. Once your application materials are received, the agency will send you an assessment questionnaire to complete. Failure to complete and submit the assessment questionnaire by the established date will result in you not being considered for the position. Your responses to the assessment questionnaire will be reviewed along with the information provided in your resume and supporting documentation to determine if you are qualified for the position. Please follow all instructions carefully. Errors or omissions may affect your eligibility.

Agency contact information

Human Resources
Address
US Occupational Safety and Health Review Commission
1120 20th Street, NW - Ninth Floor
Washington, DC 20036-3457
US
Learn more about this agency

Next steps

The qualifications and eligibility of all applicants will be evaluated, and then those who meet the minimum qualifications will be assessed. All applicants who meet all the minimum requirements will be referred to the selecting official for further consideration. The Review Commission will notify you of the outcome after all of these steps have been completed.


Note: We cannot accept applications on behalf of Federal Agencies. Application instructions are listed within the Job Description.


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