This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/job/629253800. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.
The five-member Departmental Appeals Board provides administrative review of various matters arising under a wide range of HHS programs, such as Medicaid, Head Start, and HHS grants programs. Board members serve as Administrative Judges and issue written decisions in matters involving highly complex legal and factual issues. In most cases, the Board's decision is the final administrative decision on behalf of the Secretary of HHS.
Learn more about this agency01/03/2022 to 01/23/2022
$135,468 - $203,700 per year
SL 00
1 vacancy in the following location:
Yes—as determined by the agency policy.
Not required
No
Permanent
Full-time
Excepted
00
No
No
HHS-DAB-SL-22-11341355
629253800
Open to all status candidates and U.S. Citizens
The Board provides de novo review (which may include an evidentiary hearing) of certain types of final decisions of HHS operating components, such as funding disallowances in discretionary and mandatory grant programs. The Board also provides appellate review of certain Administrative Law Judge (ALJ) decisions involving civil remedies and related matters, including, but not limited to, ALJ decisions involving fraud, abuse and non-compliance determinations by the HHS Inspector General or CMS; provider/supplier Medicare enrollment and revocation determinations; and civil monetary penalties imposed by certain HHS offices or agencies. Upon designation, Board Members may also serve as presiding officers for plan amendment approval, and debarment cases.
As the Presiding Board Member in an appeal before the Board, the Board Member may preside over adversarial hearings and conferences that can be one week or more in duration. The Board Member serves as an Administrative Judge who handles highly complex legal and factual issues raised by the disputes. The Board Member keeps good order in proceedings where the position of each party is vigorously represented by extremely capable legal talent, including counsel from major national law firms. The Board Member assures that the parties address all matters necessary to complete and fair resolution, receives expert testimony, rules on any procedural objections, keeps to a minimum redundant irrelevant, and immaterial testimony and arguments, and takes steps to a sure procedural fairness of the proceedings. Where appropriate, the Board Member presides over joint proceedings involving multiple appellants and respondents, each represented by counsel, and requiring special adaptation of existing procedures. In addition to in-person hearings and conferences, the Board Member presides over a wide variety of telephone conferences, which often are taped or transcribed and which are used by the parties to make substantive presentations and to support procedural motions.
In civil remedies and related cases, the Board Member reviews initial decisions by ALJs. The Board Member decides which appeals should be reviewed under specific legal standards applicable to the type of case. For cases meriting review, the Board Member typically analyzes lengthy hearing records and resolves complex procedural and substantive issues subject to deadlines prescribed by regulations. These cases may be highly sensitive, with a potentially detrimental effect on the individuals or organizations involved.
After the record in an appeal has been fully developed and analyzed, including all necessary oral proceedings, the Board Member prepares a written decision that addresses all the issues raised, including all questions of fact and law. These decisions, on behalf of the Secretary, typically represent the final administrative action of the Department and are binding on the Government and the appellants in the administration of Department programs. The Board Member revises draft decisions in accordance with comments from the Chair and other panel members responsible for the appeal. The Board member also reviews and provides feedback on the draft written work of other Board members.
The Board Member considers the evidence in the record, including conflicting expert testimony and determines its proper weight. The Board Member analyzes and resolves all issues raised, considering the constitutional, statutory, regulatory provisions, and case law, applicable Departmental policy and precedent, and Appeals Board precedent. Board decisions frequently require analysis of extremely complex legal theories, involving particularly complicated and detailed statutory provisions. The decisions require a high order of original and creative analysis in interpreting established precedent and in formulating new precedent in currently evolving areas of law.
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.
Expanded/Maximum telework Posture:-Due to COVID-19, the agency is currently in a maximum telework posture. If selected, you may be expected to telework upon your appointment. As employees are permitted to return to the office, you may be required to report to the duty station listed on this announcement, even if your home/temporary telework site is located outside the local commuting area. Your position may be eligible for workplace flexibilities which may include remote work or telework options, and/or flexible work scheduling. These flexibilities may be requested in accordance with the HHS Workplace Flexibilities policy.
Salary for this position varies depending on qualifications. The annual salary range may be found at the top of this announcement. This position may be eligible for performance bonuses and performance based pay adjustments.
Probationary Period:
An individual's initial career appointment becomes final only after the individual successfully completes a one year probationary period.
Standards of Conduct/Financial Disclosure
HHS inspires public confidence by maintaining high ethical principles, and all Federal Government employees are subject to the conflict of interest statutes and regulations, including the Standards of Ethical Conduct, that govern activities with outside organizations and reporting financial holdings. The Ethics in Government Act, PL 95-521 also requires the applicant selected for this position to submit a Public Financial Disclosure Report, OGE-278, prior to assuming the position, annually, and upon termination of employment.
Security and Background Requirements
If not previously completed, a Public Trust background security investigation will be required for all appointees.
Equal Opportunity Employment
Equality is held as one of the most important values at HHS. Selection for this, and any other position, will be based solely on merit. HHS does not discriminate based on race, color, religion, sex, national origin, political affiliation, marital status, sexual orientation, physical or mental disability, age or membership or non-membership in an employee organization, or any other non-merit factors.
If applying online poses a hardship to you, you may submit your application by contacting Gregory Stewart
Reasonable Accommodation Policy Statement
Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact: Gregory Stewart
Veteran's Preference
Veteran's Preference applies as far as administratively feasible
Selective Service
As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service. If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
You will be evaluated for this job based on how well you meet the qualifications above.
You will be evaluated for this job based on how well you meet the qualifications above. You will be evaluated on the quality and extent of your total accomplishments, experience, and education. Your application will be rated and ranked by a Subject Matter Expert (SME) Panel, using only the information submitted within the application package.
Applicants may undergo interviews and may be required to participate in a proctored writing assignment. In addition, applicants may be required to provide an unedited writing sample for review and assessment.
Once a candidate has been identified for potential selection, reference checks, online searches, criminal background searches, and bar membership searches may be completed. The Department's appointing official(s) will make a final approval of the selection. Verification of performance, suitability and security information from reference checks will be taken into consideration when making offers of employment.
All applicants are required to submit the following documents to be considered for the position:
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.
You must submit the complete online application and documentation specified in the Required Documents by 11:59 PM (EST) on the CLOSING DATE 01/23/2022 to receive consideration.
Applicants must have a USAJOBS account to apply to this position. For more information on establishing a USAJOBS account; searching for and applying to HHS jobs; or understanding the federal hiring process, contact
Submitting Your Application
To verify your application is complete, log in to your USAJOBS account, select Application Status, and then select More Information for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.
To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
Once the online questionnaire is received, an acknowledgement e-mail will be sent to the address on file. If you are unable to upload any of the required supporting documents, you may fax them to 1-478-757-3144. Please include a cover sheet clearly indicating the announcement for which you are applying.
Should you have any questions related to this vacancy, please contact the HR Specialist listed at the end of this vacancy announcement at least 24 hours prior to vacancy close.
You will receive an email informing you of the receipt of your application. Qualified candidates may be referred to the Departmental Appeals Board for further evaluation and consideration.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/job/629253800. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.
Learn more about
READY FOR A HEALTHY CAREER OPPORTUNITY? Are you a high-performing executive, skilled strategist, and collaborative relationship builder with an exceptional record of delivering optimal results and measurable outcomes? Are you a proven leader, an excellent communicator, and a natural motivator who views challenge as opportunity? Do you have that special ability for recognizing and cultivating talent...and inspiring greatness in others? If so, we may have the perfect career opportunity for you!
Who we are, what we do, why it matters. HHS is the United States government's principal agency for enhancing and protecting the health and well-being of all Americans. We are comprised of multiple unique agencies and offices, all of which control various aspects of public health and human services in the United States. As our nation's highest and most wide-reaching authority on all things health, HHS guarantees the safety of our food and drugs, and funds and conducts crucial research to further our understanding and progress in medicine, public health and social services. In short, through the work of our more than 90,000 employees, HHS helps to enhance the health and well-being of all Americans and people around the world. For these reasons, and many more, HHS matters a great deal to each of us.