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Administrative Law Judge

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

Summary

The incumbent Administrative Law Judge (ALJ) presides over complex and highly-contested proceedings within the jurisdiction of the FTC, often involving novel and difficult issues; issues orders resolving pretrial disputes; conducts formal evidentiary hearings and issues initial decisions guided by the FTC Act, the Administrative Procedure Act, relevant case law interpreting these statutes, and the FTC's Rules of Practice, 16 C.F.R. Part 3.

Overview

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Reviewing applications
Open & closing dates
12/13/2021 to 01/18/2022
Salary
$150,182 to - $183,300 per year
Pay scale & grade
AL 3
Location
1 vacancy in the following location:
Washington, DC
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Not required
Relocation expenses reimbursed
Yes—You may qualify for reimbursement of relocation expenses in accordance with agency policy.
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
3
Job family (Series)
Supervisory status
Yes
Security clearance
Other
Drug test
No
Position sensitivity and risk
Non-sensitive (NS)/Low Risk
Trust determination process
Announcement number
EXEC-221118-96967-ALJ-SDL
Control number
626673600

This job is open to

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The public

U.S. Citizens, Nationals or those who owe allegiance to the U.S.

Clarification from the agency

Applications will be accepted from all groups of qualified individuals. Practicing lawyers or a judge with at least 7 years experience in litigation, adjudicatory, antitrust, consumer protection and/or administrative law. NOTE: more than one (1) person may be selected from this announcement.

Duties

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The incumbent ALJ presides over complex and highly-contested proceedings within the jurisdiction of the FTC, often involving novel and difficult issues, and conducts formal evidentiary hearings and related proceedings guided by the FTC Act, the Administrative Procedure Act (APA), relevant case law interpreting these statutes, and the FTC's Rules of Practice, 16 C.F.R. Part 3.

  • Conduct prehearing conferences and settlement conferences; set and issue scheduling orders; adjudicate motions and draft and issue orders resolving discovery disputes, evidentiary disputes and procedural disputes.
  • Conduct fair and impartial hearings as an independent trier of fact; ensure that all APA and FTC procedural requirements for an evidentiary hearing are met; manage and oversee the hearing process, including the orderly presentation of evidence and argument; rule on objections to the admissibility of testimony and exhibits.
  • Prepare initial decisions that set out relevant findings of fact, supported by record citations; set out and explain the applicable law; apply the law to the facts in analysis and conclusions of law; and where appropriate, issue an order on remedy.
  • Interact with the Chief Administrative Law Judge and supervise the activities of legal and support staff assigned to the assigned cases of the ALJ.

Requirements

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Conditions of employment

  • You must be a U.S. citizen to qualify for this position.
  • You must possess a J.D. or LL.B. degree from an accredited law school.
  • Background investigation (Public Trust) is required.
  • The individual selected will be required to file an Executive Branch Personnel Financial Disclosure Report (OGE Form 278) in accordance with the Ethics in Government Act of 1978.
  • Due to COVID-19, the FTC is currently in a maximum telework posture through December 31, 2021. In addition, the agency is currently exploring the possibility of having a remote workforce for current and future employees beyond January 2022.
  • If selected, you will be permitted to temporarily telework from a location outside the local commuting area.
  • However, once employees are permitted to return to the office, you may be required to report to the duty station listed on this announcement within 60 days. At that time, you will be eligible to request telework in accordance with the FTC's policy.
  • If you are a male applicant born after December 31, 1959 and we select you for this position, you must certify prior to appointment that you registered for the military selective service.
  • This is an Excepted Services position.

Qualifications

QUALIFICATIONS:
Mandatory Professional Credentials/Technical Qualifications

  • Must be a practicing lawyer or a judge and must have at least 7 years' experience in litigation, adjudicatory, antitrust, consumer protection and/or administrative law.
  • Experience and knowledge of the substantive law, rules, regulations and procedures of the FTC, as well as general litigation and administrative law principles.
  • Through experience as a practicing lawyer or judge, demonstrated ability to adjudicate or manage an adversarial hearing in which parties are generally represented by counsel.
  • Through experience as a practicing lawyer or judge, demonstrated ability to work independently, analyze applicable facts and law, write and issue timely, logical and comprehensive legal briefs or decisions without a law clerk or supervisory assistance.
  • Through experience as a practicing lawyer or judge, demonstrated ability to settle or mediate disputes involving adversarial parties; maintain proper judicial temperament and demeanor; communicate and cooperate with counsel, witnesses, chief judges responsible for assigning cases, administrative support staff, court reporters, interpreters, as well as other agency and government officials.
This experience must be fully supported and articulated in your resume to receive consideration.

(NOTE: All current or former Federal employees must provide a copy of their SF-50 "Notice of Personnel Action" that indicates proof of status and time-in-grade eligibility).

BAR MEMBERSHIP AND CERTIFICATION

Applicants must have a J.D. or its equivalent from an accredited law school; licensure and authorization 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 U.S. Constitution.

An "active"[1] bar status and/or membership in "good standing" for at least 10 years total in at least one jurisdiction in which the applicant is admitted (an active "judicial" bar membership is acceptable); 7 years of relevant experience in litigation, adjudicatory, antitrust, consumer protection and/or administrative law; and knowledge of the Federal Trade Commission Act or knowledge of other similar laws,

Your active bar license must reference bar number and indicate the status of good standing.

Education

You must possess a J.D. or LL.B. degree from an accredited law school. Total background, including experience, education, awards, self-development, and training will also be reviewed.

Additional information

1. The agency may reimburse relocation expenses.

2. You must complete a Declaration for Federal Employment before we can hire you in order to certify the accuracy of your written application and provide the information necessary to determine your suitability for federal employment.

3. If we select you for this position, you must complete personnel suitability documents. Your appointment is contingent upon the successful completion of an appropriate background investigation.

4. The FTC provides reasonable accommodations, where appropriate, to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the FTC. The agency considers requests for reasonable accommodation on a case-by-case basis. Questions about the FTC's accommodation policy can be directed to Cindee Smith at csmith6@ftc.gov.

5. The Ethics in Government Act, PL 95-521, requires the applicant selected for this position to submit a financial disclosure statement, SF-278, prior to assuming the position, annually while employed, and upon termination of employment. You may also be subject to post employment restrictions.

6. Your application includes information subject to the Privacy Act (P.L. 93-579, 5 U.S.C. 552a). This information is necessary to determine qualifications for employment, and collection is authorized under Title 5 of the U.S. Code, 3302 and 3361.

7. The FTC is required to solicit applicant cooperation in assessing the applicant pools we are reaching with our vacancy announcements. We ask that you complete and return a "Demographic Information" form. Please note that an applications intake clerk will remove this document from your application package upon its arrival in the office and will immediately direct it to the Equal Employment Opportunity (EEO) office. The form, including the information it provides, is not associated with your application in any part of the examining process and is not available to human resources management or selecting officials in any way during the hiring process. After we fill the position, such information is available to the Human Capital Management Office only as part of an aggregate statistical number. We appreciate your cooperation and invite you to call us at the contact number listed below if you have any questions or concerns about using this form. We ask that you access and complete the form, write the vacancy announcement number at the top of the first page, and send us the completed form along with your application package.

8. We will not accept applications received in government postage-paid envelopes.

9. As required by Executive Order 14043, Federal employees are required to be fully vaccinated against COVID-19 regardless of duty location or work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as required by law. If selected, you will be required to be vaccinated against COVID-19 and submit documentation of proof of vaccination before appointment or onboarding with the agency, with all privacy concerns taken into consideration as required by the Privacy Act and/or other applicable laws. The agency will provide additional information regarding what information or documentation will be needed and how you can request of the agency a legally required exception from this requirement.

How you will be evaluated

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

After all application packages are received, a preliminary review by an Executive Resources Program Manager will be completed to ensure candidates meet the basic qualification requirements. Candidates will be evaluated based on how well they meet the Mandatory Professional Credentials/Technical Qualifications stated in the vacancy announcement, and their level of:

1. Experience in relevant FTC law.
2. Experience in litigation, adjudication, antitrust, consumer protection and evidentiary and procedural rules in adversary administrative or court proceedings.
3. Ability to fairly preside over and adjudicate adversary proceedings.
4. Ability to write clear and cogent decisions, including factual statements resolving credibility resolutions and application of those factual statements to the applicable law with appropriate analysis.
5. Ability to work independently and issue timely decisions without supervision or law clerk assistance.

In assessing the above, references provided by the applicant, as well as other persons knowledgeable about the applicant's experience, skill and ability may be consulted.

Candidates who do not meet basic qualification requirements will be removed from consideration and notified accordingly.

Candidates who meet basic qualification requirements will be referred to a Subject Matter Expert, to determine the level of qualification.

Highly qualified candidates will be referred to the Chief Administrative Law Judge (Selecting Official) and Commission Chair (Appointing Authority).

Best qualified candidates may undergo an interview and a reference check; and final selections will be made by the selecting official with collaboration and approval from the appointing authority.

Candidate's past performance, suitability, and security information, will be considered in making employment offers.

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