Health Law Judge - Hearings Examiner

Maine State Legislature, Office of the Senate President

We currently have multiple full-time, permanent Health Law Judge (HE3) positions within the Department of Health. These positions are flexible/hybrid in that some hearings may be conducted remotely or in-person on the Tumwater campus. The department has chosen to offer remote and in-person hearing options to ensure equity and fairness for all litigants.

Responsibilities include, but are not limited to:

Facilitate the Litigation Process:

• Conduct telephone status conferences to create and subsequently enforce the case schedule (Scheduling Order).
• Manage the discovery process by establishing dates for identifying witnesses and exhibits, deadlines for discovery, settlement and dispositive motions, prehearing conferences, and the hearing, which, are all intended to assist the parties in preparing for the hearing.
• Facilitate the resolution of issues by analyzing motions and exhibits, hearing oral arguments (as necessary), and conveying timely rulings on motions regarding witnesses and documentary and testimonial evidence.
• Draft well-reasoned orders that resolve and memorialize the remaining preliminary legal, procedural, and evidentiary issues before the hearing.

Preside Over Adjudicative Proceedings:

• Conduct adjudicative proceedings within the framework of the Administrative Procedures Act, the Uniform Disciplinary Act, and the applicable laws and regulations governing cases before the Department. Ability to competently preside over proceedings that are adversarial in nature and may include both in-person and telephone hearings.
• Timely rule on written and oral motions and objections raised by the parties and instruct the parties accordingly. Communicate effectively with all parties. Use additional care when communicating with parties who have limited English proficiency and use interpreters to ensure that access to justice is achieved and the proceedings are understood.
• Decide the legal issues and serve as the trier of fact in Secretary cases. Issue coherent legal rulings and aid the triers of fact during deliberations in cases brought to Boards and Commissions.

Draft and Issue Post-Hearing Orders

• Correctly analyze documentary and testimonial evidence to make appropriate factual findings.
• Apply the law and the appropriate legal standards to the facts.
• Draft and edit initial and final orders, which include findings of fact, conclusions of law and sanction language (when appropriate), in a timely manner.

Other Legal Activities

• Provide coverage and support for other HLJs and professional staff as needed.
• Perform spot research and assist with order writing when necessary.
• Attend CLE’s and other agency/ unit training, and enthusiastically participate in team-building activities.
• Review petitions for reconsideration and modification of initial and final orders and conduct emergency summary proceedings.
• Approve or deny settlement agreements and review and issue default orders when appropriate.

Has a driving passion for the work, brings humility to their job and interactions, and understands how their actions affect others. They see the needs and objectives of others and take them into account while achieving their objectives, and they adapt their approach and expectations accordingly. They demonstrate resilience and outward behaviors even when confronted with others who are not open or collaborative.

Required Qualifications.

• Juris Doctorate Degree from an accredited Law School
• Admission to the Washington State Bar Association and in good standing.
• Three (3) years of litigation, trial practice or judicial experience in the past seven years.

NOTE:

Trial practice is defined as frequent appearances as an attorney in a court of general jurisdiction or an administrative law tribunal. Judicial experience is defined as experience as a judge in a court of general jurisdiction or an administrative law tribunal in which the rules of evidence are applied.

This position requires an onsite/in-person presence. A medical or religious exemption to the vaccine mandate cannot be accommodated at this time. I will reach out to [email protected] if I have any questions.

• One of the most competitive benefits package in the nation that is designed to meet the needs of you and your family. Beyond the traditional benefits such as Health, Life Insurance, Retirement, and related benefits, we offer Flex Spending Accounts, Dependent Care Assistance, Deferred Compensation and so much more.
• A commitment to work/life balance by offering flexible schedules and telework options for many positions.
• A commitment to equity, diversity, and inclusion that fosters an inclusive environment.
• Employees earn between 14 and 25 days of paid vacation per year depending on the length of employment.
• A wellness program that offers education, access to healthy food, and fitness classes.
• An Infant at Work Program based on the long-term health values of breastfeeding newborns and infant-parent bonding.
• Employee resource…