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Administrative Law Judge

Federal Maritime Commission
Office of the Administrative Law Judges
This job announcement has closed

Summary

The Administrative Law Judge (ALJ) holds hearings and renders initial or recommended decisions in formal rulemaking and adjudicatory proceedings as provided in the Shipping Act of 1984, and other applicable laws and other matters assigned by the Commission, in accordance with the Administrative Procedure Act and the Commission's Rules of Practice and Procedure.

Overview

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Hiring complete
Open & closing dates
02/13/2023 to 03/13/2023
Salary
$162,168 to - $195,000 per year
Pay scale & grade
AL 3
Location
1 vacancy in the following location:
Washington
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
3
Supervisory status
No
Security clearance
Not Required
Drug test
No
Position sensitivity and risk
Noncritical-Sensitive (NCS)/Moderate Risk
Trust determination process
Announcement number
2023-03-E
Control number
706329200

Duties

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As an Administrative Law Judge, you will adjudicate novel legal and factual issues and your written decisions may have a significant impact upon common carriers, shippers, and the public in general. Your responsibilities include:

  • Notices of hearing, subpoenas, depositions, pleadings and scope of proceedings. To arrange and give notice of hearing; sign and issue subpoenas authorized by law; take or cause depositions to be taken; rule upon proposed amendments or supplements to pleadings; and delineate the scope of a proceeding instituted by order of the Commission by amending, modifying, clarifying, or interpreting said order.
  • Alternative means of dispute resolution and conferences for settlement or simplification of issues. To inform the parties as to the availability of one or more alternative means of dispute resolution, encourage use of such methods, and require consideration of their use at an early stage of the proceeding; hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution; transmit the request of parties for the appointment of a mediator or settlement judge, and require the attendance at any such conference of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy.
  • Hearings, evidence, procedural requests, motions, oaths and affirmations, and witnesses. To regulate the course of a hearing; prescribe the order in which evidence shall be presented; dispose of procedural requests or similar matters; hear and rule upon motions; administer oaths and affirmations; examine witnesses; direct witnesses to testify or produce evidence available to them; rule upon offers of proof and receive relevant, material, reliable, and probative evidence; act upon motions to intervene; permit submission of facts, arguments, offers of settlement, and proposals of adjustment; and, if the parties so request, issue formal opinions providing tentative evaluations of the evidence submitted; and hear oral argument at the close of the testimony.
  • Time management and other matters. To fix the time for filing briefs, motions, and other documents to be filed in connection with hearings and the administrative law judge's decision thereon; act upon petitions for enlargement of time to file such documents, including answers to formal complaints; and dispose of any other matter that normally and properly arises in the course of proceedings.
  • Exclusion of persons from a hearing.To exclude any person from a hearing for disrespectful, disorderly, or inappropriate language or conduct.
  • Decisions. Make or recommend decisions including the ruling on each finding, conclusion, or exception presented; include a statement of findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and include the appropriate rule, order, sanction, relief, or denial thereof.

Requirements

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Conditions of employment

  • The experience may have been gained in the public sector, private sector, or Volunteer Service. One year of experience refers to full-time work; part-time work is considered on a prorated basis.
  • It is your responsibility to ensure your resume states complete information for each job entry. To ensure full credit for your work experience, please indicate dates of employment by month/year (MM/YYYY), and indicate number of hours worked per week, on your resume. If your resume does not provide enough information regarding your work history for us to make a creditable qualification determination, your application package may be rendered disqualified and you will no longer be considered for this position.
To preview questions click https://apply.usastaffing.gov/ViewQuestionnaire/11842251.

Qualifications

Mandatory Qualifications

Applicants must meet the minimum qualification, education, and professional licensure requirements and additional qualifying experience for the ALJ position.

Minimum Qualifications and Licensure Requirements
  1. Applicant must possess a professional law degree (LL.B or J.D.) from an American Bar Association (ABA) accredited law school.
  2. At the time of application and any new appointment, applicants must possess a professional license to practice law and be 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. For purposes of this requirement, 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.
  3. Applicant must have judicial experience which may be from federal, state, administrative, or specialized courts.
  4. Applicant must have at least ten (10) years of relevant litigation or administrative law experience. Relevant administrative law experience is litigation experience in cases initiated before a governmental administrative body. Relevant litigation experience includes:
    • Preparing for, participating in, and/or conducting formal hearings, trials, or appeals at the federal, state, or local level;
    • Conducting discovery, including written discovery requests and depositions;
    • Preparing written pre-hearing motions, opinions, or orders (including summary judgment);
    • Conducting or participating in arbitration, mediation, or other alternative dispute resolution;
    • Conducting or participating in pre-trial hearings or appellate arguments
    • Preparing pre-hearing, post-hearing, or appellate briefs or opinions;
    • Presiding over or trying cases, including examining witnesses, submitting evidence, and making oral arguments;
    • Preparing petitions for review and responses thereto; and
    • Participating in appeals related to the types of cases described above.
Desired Qualifications
  1. Broad legal knowledge and ability to quickly develop the knowledge required to adjudicate complex adversarial proceedings brought before the Federal Maritime Commission.
  2. Experience in presiding over adjudicatory hearings; effective oral communication and case management skills; and, at all times, the ability to exercise courteous and tactful dealings, including with unrepresented parties unfamiliar with legal procedures.
  3. Ability to write clear and precise orders and to issue timely decisions which include findings and conclusions on all material issues of fact, credibility of witnesses, and legal issues, together with a statement of the reasons therefore.
  4. Experience with litigation, including knowledge of procedural and evidentiary rules, experience examining witnesses, including expert witnesses, and experience evaluating extensive factual records, for example bills of lading, tariffs, commercial leases, complex contracts, or economic analysis.
  5. Ability to work independently and to interact respectfully in a small office environment.

Education

EDUCATION DOCUMENTATION
A Juris Doctorate (J.D.) is required for this position and must be from an ABA accredited institution recognized by the U.S. Department of Education. For a list of schools which meet these criteria, please refer to Department of Education Accreditation page.

If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. Refer to the OPM instructions.

Additional information

  • Must be a U.S. citizen.
  • Must be able to obtain and maintain a background investigation.
  • Federal employees are required to adhere to the 14 Principles of Ethical Conduct.
  • We may select from this announcement or any other source to fill one or more vacancies.
  • We may fill like positions within 12 months of the close of the announcement.
  • This is a non-bargaining unit position.
CONDITIONS OF EMPLOYMENT:
  • Must be able to obtain and maintain a background investigation.
  • Complete a Declaration for Federal Employment to determine your suitability for Federal employment, at the time requested by the agency.
  • If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
  • Have your salary sent to a financial institution of your choice by Direct Deposit/Electronic Funds Transfer.
  • Go through a Personal Identity Verification (PIV) process that requires two forms of identification from the Form I-9. Federal law requires verification of the identity and employment eligibility of all new hires in the U.S.
  • Obtain and use a Government-issued charge card for business-related travel.
  • May be required to file a Confidential Financial Disclosure Report within 30 days of appointment and annually from then on.

How you will be evaluated

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

You will be evaluated based on how well you meet the qualifications listed in this vacancy announcement. Your qualifications will be evaluated based on your application materials (e.g., resume, supporting documents), the responses you provide on the application questionnaire, and the result of the online assessments required for this position.

There is no formal rating system for applying veterans' preference to ALJ appointments in the excepted service; however, the Federal Maritime Commission considers veterans' preference eligibility as a positive factor consideration in the ALJ hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g.,SF-15, DD 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation.

Referral: If you are among the top qualified candidates, your application may be referred to a selecting official for consideration. You may be required to participate in a selection interview. We will not reimburse costs related to the interview such as travel to and from the interview site.

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