Hearing Officer

Job Description

The Division of Administrative Law Appeals (DALA) is an administrative agency that conducts adjudicatory hearings for other Massachusetts state administrative agencies. The Bureau of Special Education Appeals (BSEA), an independent subdivision within DALA, provides a broad range of dispute resolution services with respect to eligibility, evaluation, placement, individual educational programs (IEPs), special education services and procedural protections for students with disabilities pursuant to federal and state law. BSEA dispute resolution services include mediations, due process hearings and settlement conferences. Parties to these proceedings may include parents, students, school districts, private schools, the Department of Elementary and Secondary Education (DESE) and other state agencies. The BSEA also provides facilitators for IEP team meetings.

The position of BSEA Hearing Officer requires the exercise of independence, sound judgment, organizational and analytical skills, as well as the ability to maintain neutrality and appropriate compartment in often highly emotionally charged disputes. The hearing officer is very visible to the public as a representative of the Commonwealth entrusted with the responsibility of ensuring all parties a fair and timely resolution of their dispute.

Duties:

Manages full caseload of due process hearing requests assigned by the Bureau Director; manages the conduct of pre-hearing matters; schedules and conducts adjudicatory hearings pursuant to applicable rules and regulations; rules on motions; manages the conduct of adjudicatory proceedings; issues substantive and procedural orders; performs legal research; issues written decisions, in compliance with legal and regulatory timelines, which include detailed finding of fact, supported by the hearing record and correctly applying pertinent state and federal law; rules on post hearing compliance motions; reports statistical data relating to caseload and case management; may conduct settlement conferences as directed by the BSEA Director; participates in training for constituent groups and legal community; performs additional duties as assigned by the Director; maintains compliance with ethical and other standards of the Bar, the agency and the Commonwealth.

Preferred Qualifications:

• Five years of experience in the practice of law in a position requiring independent judgment
• Administrative hearing and/or civil litigation trial experience and experience in special education law are preferred.
• Excellent writing ability as demonstrated by a legal writing sample.
• Facility in performing legal research using automated research tools.
• A working knowledge of Microsoft Word and an ability to prepare written material with limited administrative support.