HEARINGS REFEREE

Minimum Qualifications

• Requires graduation from a recognized law school.
• Requires the possession of a valid license to practice law in Illinois.
• Requires two years professional experience in litigation, administrative hearings, or related legal work.

Essential Functions

• Presides as administrative law judge conducting in-person and telephone hearings in cases arising under the Illinois Wage Payment and Collection Act (IWPCA). At hearing, assesses and rules on the admissibility of evidence, administers oaths, guides questioning and asks questions on points at issue, hears testimony. After hearing, reads and analyzes and evaluates exhibits, testimony, documents, evidence, legal, and briefs submitted in connection with hearings in IWPCA cases. Reviews and applies case law, regulations, and statutes, analyzes and evaluates evidence to prepare and process for issuance of final agency decisions in IWPCA cases. Reviews documents and other evidence, statutes, rules, and court decisions to arrive at a decision. Utilizing a computer, prepares hearing decisions and orders for all formal and informal hearings which include a statement of the issue(s) involved, a statement of relevant facts, a summarization of evidence of record, a statement of applicable law, a conclusion that sets forth the principles of law or precedent decision upon which the decision rests, and the decision. Issues written orders on various motions made by the parties . Travels to Department’s Springfield Office to conduct hearings when necessary.
• Completes all procedural matters involved in the hearing process including reviewing, researching, and ruling on and preparing motion orders. Maintaining and updating case dockets. Establishing the record of administrative hearings. Filing recommended or final orders by decision deadlines. Prepares orders or recommended orders with findings of fact and conclusions of law for review by the Director/Designee and prepares and services final orders where indicated. As needed, assists FLS division in conducting administrative case review of IWPCA where review may include analysis of documentation in the case file to identify correct business entity parties and individuals with potential personal liability, to assess threshold jurisdictional issues, to assist with other potential legal issues arising after completion of the investigatory stage, and make a determination as to whether the case will be advanced to the hearing stage.

Essential Functions (continued)

• Presides as an Administrative Law Judge at formal and/or informal hearings regarding allegations of violations of any law administered by IDOL other than the IWPCA, including without limitation, the Child Labor Law, Prevailing Wage Act, the Minimum Wage Law, the Occupational Safety and Health Act, the Amusement Ride and Attraction Safety Act, the Victims’ Economic Security and Safety Act, the Day and Temporary Labor Services Act, the Worker Adjustment and Retraining Notification Act, the Nurse Agency Licensing Act, Day and Temporary Labor Services Act, Employee Classification Act, Equal Pay Act, Personnel Records Review Act, Right to Privacy in the Workplace Act, the Private Employment Agency Act, Paid Leave for All Workers Act, and whistleblower protection cases under the Child Care Act and Environmental Protection Act and other laws for which the Department is responsible. When appropriate, holds pre-hearing conferences with complainants, employers, and attorneys to clarify issues and become familiar with the case. Attempts to resolve complaints before holding a formal hearing. Issues orders, administers oaths, takes testimony under oath, and explains issues to all parties. Examines and evaluates documents, briefs, and other legal documents, evaluates the relevance and admissibility of exhibits, documents, and testimony. Affords parties an opportunity to examine and cross-examine witnesses. Evaluates facts, law, and other relevant information in preparing recommendations, decisions, and/or orders as required by relevant administrative rules.
• Performs complex and extensive research into legal issues pertaining to State and Federal Labor Laws specific to agency cases and issues. Performs special projects as assigned. Provides technical and legal policy recommendations to the other divisions of the agency.
• Performs other duties as required or assigned which are reasonably within the scope of the duties enumerated above.

Preferred Qualifications

1. Two (2) years of experience with judicial and quasi-judicial rules and of procedures of administrative hearing agencies.
2. Two (2) years of experience utilizing the laws, rules, and regulations applicable to the Department of Labor.
3. Two (2) years of experience utilizing substantive law.
4. Two (2) years of experience appraising facts, evidence, legal and administrative documents, records, and audits. to obtain a clear grasp of the issues involved.

Employment Conditions

• Requires ability to travel in the performance of duties, with overnight stays as appropriate.
• Overtime is a condition of employment, and you may be requested or required/mandated to work overtime including scheduled, unscheduled, or last-minute overtime. This requires the ability to work evenings and weekends.

Competitive Selection