APPELLATE SPECIALIST LABOR

Code: 31410 Unknown Unknown

Official job specification

The text below is the official specification published by the New Jersey Civil Service Commission. The plain-language summary and analysis above are derived from it by NJ Civil Service Navigator. Source: the official specification page at NJ CSC.

Definition

Under the direction of the Administrator, Board of Review, Department of Labor reviews and analyzes decisions of the various appeal tribunals; takes testimony and prepares written decisions and recommendations to the Board of Review in cases under the jurisdiction of the Board; as designated, acts as hearing officer under the private Plan provisions of the Temporary Disability Benefits Law; does related work as required.

Examples of work

Reviews and analyzes the records and decisions of the various Appeal Tribunals under the unemployment and temporary disability laws to ensure such decisions are legally a procedurally correct and complete. As designated, may serve as an Appeal Tribunal. Holds formal in person or telephone hearings an reviews in the varied types of cases under the jurisdiction of the Board of Review, including claims for regular unemployment compensation benefits, claims for disability insurance under the State Plan, claims for disability during unemployment under N.J.S.A. 43:21-4(f), unemployment compensation for ex-service persons and federal employees, combined wage claims, temporary extended unemployment compensation, trade readjustment allowances and claims made under the Work Incentive Program. As a quasi-judicial officer, takes testimony under oath, reviews the evidence submitted with attention to legitimacy admissibility, rules on motions and exceptions of counsel and on the relevancy and materiality of evidence, prepares analyses of procedures and prepares reports for use of the Board of Review. Reviews all cases appealed to the Board of Review or withdrawn by the Board and makes reports and recommendations thereon; takes the initiative to prepare written decisions on the cases. Prepares recommendations and orders for the Board of Review. Drafts correspondence in the course of official duties. Prepares clear, sound, accurate and informative reports and decisions containing findings, conclusions and recommendations for final administrative action. Maintains essential records and files. Upon designation, acts as Hearing Officer at the last level of administrative appeal in accordance with the Temporary Disability Benefits Law. Schedules hearings, notifies parties of dates and locations of hearings throughout the state, reviews applications for and issues subpoenas, and supervises the mailing of formal notices of appeal. Responds to and initiates inquiries form claimants, attorneys, insurance representatives, doctors, the Attorney General, other appointed and elected officials and other interested parties requesting information and issuance of subpoenas. Notifies claimants, enrollees, employers and/or other interested parties of their right to appeal adverse decisions. In cases involving jurisdictional issues, issues a ruling as to the jurisdiction of the Board of Review. In case involving appeals by large numbers of claimants involved in complex cases, such as labor disputes, where the contested issue is the same in all appeals, schedules a consolidated hearing for the appearance of a representative group of claimants and employers. Conducts the consolidated hearing, adjudicates the matter at issue and prepares a written decision. In case involving conflict of interest, rules as to whether a disqualification is in order and if so, arranges to have the case reassigned. Give advice and assistance to other departmental officers, employees, outside employers, and the general public on the matters affecting the unemployment and temporary disability law to insure that determinations and decisions are in accordance with statutes, regulations, Board precedents and policy and court decisions. Rules upon applications for the adjournment of hearings, taking into account the protection of the legal rights of the parties concerned and of the State. Reviews court decisions of this State and of other states and Board of Review decisions concerning matters under the jurisdiction of the Board. Digests and maintains an index of pertinent Board of Review and judicial cases. Confers with members of the Board of Review, the Administrator, Board of Review, the Director of Legal Management, and the Attorney General to determine the adequacy and value of evidence; and to ensure the application of the relevant parts of the law to each case. Prepares for the Board of Review, formal written decisions which become precedents for use of the Appeal Tribunals and for the issuance as leading cases for use of all department personnel. Does legal research an prepares memoranda of cases and issues within the jurisdiction of the Board of Review using various indexes, digests, annotations, court reports, registers and cases. Accesses computerized data and files for case reviews and decisions. Utilizes various types of electronic and/or manual recording an information systems use by the agency, office or related units and prepares records of administrative proceedings.

License

Appointees will be required to possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform essential duties of the position.

Knowledge, skills and abilities

Knowledge of the provisions of the New Jersey and the federal Unemployment Compensation Laws, the New Jersey Temporary Disability Benefits Law, Social Security Laws and other relevant laws and their application to specific cases within the jurisdiction of the Department of Labor in accordance with established procedures. Knowledge of the rules, regulations, and the quasi-judicial and other procedures of the Department of Labor and of the Board of Review. Knowledge of and familiarity with the approved procedures established for the processing of benefit claim appeals. Knowledge of hearings techniques and the taking of testimony under oath. Knowledge of and a familiarity with the pertinent New Jersey and other state decision in the field of unemployment compensation, temporary disability benefits and other wage replacement insurance programs. Knowledge of the principles of due process and their application to administrative hearings. Knowledge of the rules of evidence and elements of jurisdiction and limitations. Knowledge of proper procedure in taking of testimony at hearings. Knowledge of the methods and devices useful in determining the adequacy and value of evidence. Knowledge of the preparation of formal written decisions. Knowledge of the preparation of digests of cases to serve as precedents, Knowledge of the preparation of reports containing findings, conclusions and recommendations. Ability to comprehend, analyze and interpret the rules, regulations, policies and quasi-judicial and other procedures of the Board of Review and of the Department of Labor. Ability to comprehend, implement, analyze and interpret the provisions of the New Jersey Unemployment Compensation Law, the New Jersey Temporary Disability Benefits Law, the relevant titles of the Social Security Act and other wage replacement insurance program laws. Ability to organize assigned hearings work, analyze hearings problems and develop effective work methods. Ability to comprehend and utilize the procedures used in the processing of benefit claims appeals and the hearing techniques used in formal hearings and including the taking of testimony under oath. Ability to locate, analyze, and interpret pertinent New Jersey and other state decisions in the field of unemployment compensation, disability insurance, and other wage replacement programs. Ability to comprehend and utilize the procedures mandatory in the handling of appeals and to comprehend the requirements of due process. Ability to determine the adequacy and the value of evidence. Ability to make recommendations upon the transfer, withdrawal and remanding of cases. Ability to select and prepare recommendations for digests of court, Board of Review and other cases to serve as precedents. Ability to analyze procedural programs and recommend appropriate solutions. Ability to review and check the decisions appealed and devise appropriate methods to avoid errors. Ability to prepare technical correspondence in the course of official duties. Ability to prepare clear, sound, accurate and informative reports and decisions containing findings and conclusions. Ability to maintain the essential records and files. Ability to utilize the computer. Ability to learn to utilize various types of electronic and/or manual recording information systems used by the agency, office or related units. Ability to read, write, speak, understand, or communicate in English sufficiently to perform the duties of this position. American Sign Language or braille may also be considered as acceptable forms of communication. Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such persons may not be eligible.

Note

The examples of work for this title are for illustrative purposes only. A particular position using this title may not perform all duties listed in this job specification. Conversely, all duties performed on the job may not be listed. Applicants must meet one of the following or a combination of both experience and education. Thirty (30) semester hour credits are equal to one (1) year of relevant experience. Eight (8) years of professional experience in complex and varied appeals work which has involved responsibility for conducting hearings, for interpreting, weighting and evaluation evidence, and for drawing conclusions and issuing findings of fact which serve as the basis for final administrative action, in public employment security programs such as unemployment and temporary disability insurance. OR Possession of a bachelor's degree from an accredited college or university; and four (4) years of the above-mentioned professional experience. OR Admission to practice as an Attorney-at-Law in New Jersey or possession of a J.D. or L.L.B. degree from an accredited college or university; and three (3) years of the above-mentioned professional experience. "Professional experience" refers to work that is creative, analytical, evaluative, and interpretive; requires a range and depth of specialized knowledge of the profession's principles, concepts, theories, and practices; and is performed with the authority to act according to one's own judgment and make accurate and informed decisions.