Chief Presiding Officer

Description:

MassDEP is seeking a Chief Presiding Officer for the Office of Appeals and Dispute Resolution (OADR). OADR is an independent quasi-judicial office at MassDEP staffed by Presiding Officers (senior environmental attorneys) appointed by MassDEP’s Commissioner to advise the Commissioner in resolving administrative appeals of MassDEP Permit Decisions, Civil Administrative Penalties, and Unilateral Administrative Orders in a neutral, fair, timely, and sound manner based on the facts of the case, the governing environmental law (environmental statutes and regulations),  the requirements of the Massachusetts Administrative Procedure Act, G.L. c. 30A, and federal and state constitutional due process requirements.

OADR’s Chief Presiding Officer is a senior manager responsible for supervising the work of Presiding Officers, OADR’s Case Administrator, and OADR’s Assistant Case Administrator.  The Chief Presiding Officer also maintains an appellate caseload and performs Presiding Officer duties in appeals.

Duties include, but are not limited to, the following:

• Oversee the Office of Dispute Resolution (OADR) including serving as reviewing manager of Presiding Officers, OADR’s Case Administrator, OADR’s Assistant Case Administrator in performing their annual EPRS work performance evaluations.
• Review administrative appeals and assign them for resolution to Presiding Officers in OADR in accordance with OADR’s Standard Operating Procedure (“SOP”) for assignment of appeals.
• Maintain appellate caseload and perform Presiding Officer duties in appeals.
• Supervise and work with OADR’s Case Administrator and Assistant Case Administrator in maintaining accurate case file docketing information.
• Supervise and work with OADR’s Case Administrator in maintaining case files and preparing Administrative Record for Court appeals of Final Decisions issued by MassDEP’s Commissioner in administrative appeals.
• Maintain appellate caseload and perform Presiding Officer duties in appeals.
• Manage and conduct appeals and formal hearings impartially.
• Work independently and manage a docket of appeals independently.
• Promote mediation and alternative dispute resolution in appeals.
• Issue formal, written, impartial, and balanced Recommended Final Decisions in appeals that resolve novel legal or policy issues in a manner that best serves the policy interests of MassDEP and are consistent with the law and facts and promote consistent administration of the laws.
• Work exclusively and directly with MassDEP’s Commissioner or designee regarding Final Decisions in appeals.
• Apply general principles of environmental and administrative law in each appeal, but also highly specialized provisions of statutes and regulations that arise in each appeal.
• Perform Peer Review of proposed rulings, Recommended Final Decisions, and Tentative Decisions of Presiding Officers.

Preferred Qualifications:

• Member of the Massachusetts Bar Association.
• A minimum of 15 years’ full-time, or equivalent part-time, professional and substantial legal experience in the areas of administrative law, environmental law, and litigation, of which at least five (5) years must have been in a supervisory capacity.
• Extensive knowledge of administrative, state and federal laws relating to environmental protection and litigation.
• Knowledge of administrative appellate adjudicatory techniques and strategies.
• Knowledge of the methods and ability to conduct complex legal research and legal memoranda writing.
• Ability to address complicated legal issues.
• Ability to analyze and determine the applicability of legal data, draw conclusions and make appropriate recommendations and conclusions.