Administrative Law Judge
New York State
Minimum Qualifications Candidates must have:
• A license to practice law in the State of New York, which must be maintained in good standing throughout the duration of the appointment.
• A minimum of 7 years of legal experience as a licensed attorney preparing for, participating in, and/or appealing formal hearings or trials involving litigation and/or administrative law at the Federal, State or local level. Qualifying litigation experience involves cases in which a complaint was filed by a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental regulatory body.
Additional Qualifications:
• A minimum of 3 years in one or a combination of the following varieties of specialized experience is preferred:
- A judge of a court of record with primary responsibility for drafting opinions and orders;
- Experience in a governmental regulatory body as an administrative law judge or attorney presiding over formal hearings and making or recommending decisions based on the records of such hearings;
- The counsel or an official of a governmental regulatory body, whose duties require review, analysis, evaluation and recommendation of action to be taken in pending matters, and who assists in the preparation of opinions by the head(s) of the body on hearing officers’ decisions or recommended decisions on the record of formal hearings; or
- A professor or adjunct professor of Administrative Law, Evidence or Criminal Law at an accredited college or law school.
• Ability to analyze and consider testimony, evidence, legal documents and other records presented in the case in order to arrive at a clear understanding of the issues and facts of the case.
• Ability to research, interpret and apply federal and state laws and regulations, policies and procedures, administrative codes, precedential decisions, etc. to govern the conduct of administrative hearings relating to violations of the Waterfront Commission Act, and to obtain information necessary for an appropriate recommendation on the case.
• Ability to prepare a clear and concise written report and recommendation which includes an identification of parties, issues, findings of fact, summary of pertinent law, discussion of pertinent facts relating to points of law, and conclusion of law.
• Ability to control the course of administrative hearings and to effectively maintain courtroom decorum.
• Ability to establish and maintain effective professional relationships with respondents, witnesses, attorneys and agency representatives, avoiding personal bias in order to protect due process and to grant all parties a fair and impartial hearing.
• Ability to orally communicate ideas effectively in a clear and concise manner with respondents, witnesses, attorneys and agency representatives.
• Proficiency with computer applications such as Microsoft Office, and ability to navigate videoconferencing platforms.
Educational Requirements:
• Applicants must possess a Juris Doctor degree from an accredited law school.
Duties Description Responsibilities include, but are not limited to:
• Preside over hearings held in accordance with the Waterfront Commission Act and the New York State Administrative Procedures Act.
• Regulate the course of the hearings, which may include written and/or oral testimony and cross-examination.
• Administer oaths and affirmations and question witnesses as necessary to elicit relevant testimony.
• Admit evidence into the record or reject proffered documents and oral testimony.
• Conduct pre-hearing conferences, issue subpoenas, rule on preliminary motions, and review briefs and other written submissions.
• Perform independent research as necessary of federal and state laws and regulations, policies and procedures, administrative codes and precedential decisions.
• Evaluate and determine the credibility of witnesses, analyze data, apply laws, regulations, policies and procedures to the facts and evidence and draw appropriate conclusions.
• Prepare and issue reports and recommendations to the NYWC Commissioner, with written findings of fact and conclusions of law based on the hearing record.
Additional Comments Conditions of Employment:
The per diem amount is $750 per hearing day and $500 per report issued.
Number of hearings fluctuate. Hearings are scheduled at least 10 days in advance.
ALJs must be held to a high standard of conduct in accordance with NYS Model Code of Judicial Conduct for State Administrative Law Judges to maintain the integrity and independence of the administrative judiciary.
Other Information:
Hearings are held either virtually or in person at the office of the New York Waterfront Commission, located at 39 Broadway - 4th Floor, New York, New York 10006, determined on a case by case basis.
New York is an Equal Opportunity Employer
It is the policy of the State of New York to provide for and promote equal opportunity employment, compensation, and other terms and conditions of employment without unlawful discrimination on the basis of age, race, color, creed/religion, disability, national origin, sex/gender, sexual orientation, veteran or military service member status, familial status, marital status, domestic violence victim status, genetic predisposition or carrier status, or any other category protected by law, unless based upon a bona fide occupational qualification or other exception.
It is the policy of the New York Waterfront Commission to provide all qualified persons with equal opportunity in employment and to participate in and receive all the benefits, services, programs and activities of the Commission. Reasonable accommodations will be provided when appropriate to qualified persons with disabilities as are necessary to provide such equal opportunity.
Some positions may require additional credentials or a background check to verify your identity.