This position is located in the Department of Health and Human Services (HHS), Departmental Appeals Board (DAB), headquartered in Washington, District of Columbia.

Duties

The incumbent will be appointed by the Secretary of Health and Human Services (HHS) to serve as an Administrative Law Judge (ALJ) in the Civil Remedies Division (CRD) of the Departmental Appeals Board (DAB). The DAB ALJ's conduct hearings and issue decisions in a wide range of cases involving HHS programs and related agency actions. DAB ALJ's may be assigned cases involving the following subject matter: Civil monetary penalties (CMPs) and other enforcement actions taken by the Centers for Medicare & Medicaid Services (CMS) against nursing home providers, clinical laboratories, home health care agencies and other health care providers; Actions taken by Peer Review Organizations; Exclusion actions and CMPs imposed by the HHS Office of the Inspector General (HHS IG) involving individual and other health care practitioners; CMPs and No Sale Tobacco Orders imposed by the Center for Tobacco Products (CTP); EMTALA or "anti-patient dumping" cases; CMPs proposed by CMS under the Health Insurance Portability and Accountability Act of 1996 (HIPAA); Reviews of Local Coverage Determinations (LCDs) promulgated by Medicare contractors, including fiscal intermediaries and carriers; Determinations made pursuant to agreements between the DAB and other HHS offices or Federal agencies; and Other matters, as assigned. In general, ALJ's serve as independent impartial triers of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. ALJ's prepare for and preside over formal hearings required by statute or regulation to be held under or in accordance with provisions of the Administrative Procedure Act (APA), codified in relevant part, in sections 553-559 of title 5, United States Code (U.S.C.). Specific duties may include: Conduct formal hearings in assigned cases where all interested parties are given advance notice of the hearing; an opportunity to submit facts, arguments, offers of settlement or proposals of adjustment; and an opportunity to be accompanied, represented, and advised by counsel or other qualified representatives; Administer oaths and affirmations, rule on preliminary and dispositive motions, conduct pre-hearing conferences, issue subpoenas, issue scheduling orders, control hearings (which may include written and/or oral testimony and cross-examination), review briefs, and receive or exclude (for example, on the ground that it is irrelevant, immaterial, or unduly repetitious) any oral or documentary evidence proffered for consideration; and Prepare and issue decisions (or initial or recommended decisions), along with written findings of fact and conclusions of law therein, upon consideration of the whole record, or those parts of it cited by a party and supported by and in accord with reliable, probative, and substantial evidence. Supervision and Guidance Received: The incumbent will serve under the general administrative direction of the DAB Chair.

Requirements

• This employer participates in the E-Verify Program
• U.S. Citizenship is required
• Subject to satisfactory security and suitability determinations, including a Public Trust background investigation
• You must meet the qualification requirements of this position no later than the closing date of the job opportunity announcement.
• Must possess J.D. or LL.B degree
• Active Membership or admission to the bar is required
• Subject to appointment by appointing official

Qualifications

Please ensure you read the requirements of this vacancy announcement entirely. Failure to submit all required documents will result in an ineligible rating. Qualification Requirements: To be considered, applicants must possess a minimum of 1 year of experience at or above the equivalent of the GS-14 grade level in the Federal service or its equivalent with state and local government, the private sector, or non-governmental organizations. Failure to meet this basic qualification requirement and all technical qualification factors will automatically exclude you from further consideration. A. Must possess a Juris Doctor (J.D.) degree or Bachelor of Laws (LL.B) from an American Bar Association accredited law school. And B. 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. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. Being in "good standing" is acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law. NOTE: You must provide proof that you are authorized to practice law. Such proof can include a letter/certificate from the bar certifying that you are licensed and authorized to practice law. Proof must be dated within one year of the announcement. And C. Must have a minimum of seven (7) years post-bar administrative law and/or litigation experience involving formal administrative hearings or proceedings before local, State, or Federal administrative agencies, courts, or other administrative bodies. (Note: Formal hearings are defined as proceedings 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, a grand jury, or appropriate military authority, and includes: Participating in settlement or plea negotiations in advance of trial; Preparing for trial and/or trial of cases; Preparing opinions; Hearing cases; Participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the court; or Participating in appeals 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 administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body or a private organization or individual and includes: Participating in settlement negotiations in advance of hearing cases; Preparing for hearing and/or trial of cases; Preparing opinions; Hearing cases; Participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the administrative body; or Participating in appeals related to the types of cases above. Non-qualifying Experience - Experience involving cases with no formal hearing procedures and uncontested cases involving misdemeanors, probate, domestic relations, or similar uncontested. Desired Skills and Experience: Demonstrated experience in adversarial litigation, especially multi-day proceedings. Excellence in legal writing involving complex legal issues and interpretation of statutory or regulatory language, demonstrated in unedited writing samples. Demonstrated team-building and leadership skills in professional settings, particularly in working cooperatively with peers, and in mentoring and developing attorneys. Demonstrated capacity to manage courtroom proceedings effectively and apply appropriate judicial temperament in dealing with parties and counsel. Experience with, and knowledge of, administrative and health care law. Familiarity with various technology solutions for case management, document production, and legal research, and willingness to adapt to changing technological environments. Experience refers to paid and unpaid experience, including volunteer work done through national Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; community; student; social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to gain employment. You will receive credit for all qualifying experience, including volunteer experience. If such experience is on a part-time basis, you must provide the average number of hours worked per week as well as the beginning and ending dates of the experience so it can be fully credited.

Education

Must possess J.D. or LL.B degree.

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. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. Being in "good standing" is acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law.

Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov.

Contacts

• Address Departmental Appeals Board 200 Independence Avenue, S.W. Washington, DC 20201 US
• Name: Gregory Stewart
• Phone: 202-401-5714
• Email: [email protected]