Administrative Law Judge, Public Utilities Commission

California State Personnel Board Specification

SALARY INFORMATION

Description

This class specification describes the Administrative Law Judge, Public Utilities Commission classification that acts as presiding officer at hearings and processes ex parte matters on complaints or applications filed with the Public Utilities Commission or investigations instituted by the Commission; instructs parties as to their rights; issues subpoenas, administers oaths, examines witnesses, and receives documentary evidence; rules on exceptions, motions, and admissibility of evidence; hears arguments, directs or permits the filing of briefs, and makes rulings prior to submission of assigned matters; consults with staff members on technical subjects; analyzes pleadings in preparation for hearings; determines the advisability of and holds prehearing conferences; analyzes and evaluates facts and law and exercises independent judgment in the preparation and issuance of reports and findings; prepares and recommends drafts of opinions, orders, and recommendations for consideration by the Commission.

Administrative Law Judge, Public Utilities Commission

Under direction, to conduct hearings and prepare recommended decisions on the less controversial formal proceedings pending before the Commission; and to do other related work.

This level of examining work is distinguished from the level of work performed in the class Administrative Law Judge, Public Utilities Commission, Range B by these criteria:

1. Employees at this level conduct hearings in formal proceedings and process less complex matters. These proceedings require the incumbents to do examining work of average difficulty in applying State laws, rules, and regulations of the Public Utilities Commission.

2. The findings and conclusions arrived at by incumbents at this level are given closer supervisory review than those by an Administrative Law Judge II, the next higher level, before a decision is written and submitted to the Commission for its adoption.

Administrative Law Judge, Public Utilities Commission in Range B, under direction to conduct hearings and prepare recommended decisions on formal proceedings containing issues relating to the substantive rights and the obligations of persons or corporations subject to the provisions of the Public Utilities Code; and to do other related work.

The level of examining work is distinguished from that of the Administrative Law Judge, Public Utilities Commission, Range A by the fact that the Administrative Law Judge, Public Utilities Commission Range B is assigned to difficult proceedings or to formal hearings which normally can be expected to contain several controversial issues.

Minimum Qualifications

One year of experience in the California Public Utilities Commission at a level of responsibility comparable to Senior Transportation Representative performing one or a combination of the following:

1. The presentation of exhibits or evidence, or the examination of witnesses, at Public Utilities Commission Hearings. or

2. The preparation of proposed decisions of the Public Utilities Commission. or

3. The rendering of responsible assistance to a commissioner in reviewing, evaluating and recommending action to be taken by the Commissioner, or in the preparation for or hearing of cases coming for formal hearing before the Commissioner or Commission, or in the preparation of decisions by the Commissioner or Commission. or

Experience: Five years of experience within the last ten years performing one or a combination of the following: (Experience in the California state service applied toward this requirement must have been at a level of responsibility comparable to Senior Transportation Representative.)

1. The presentation of exhibits or evidence, the examination of witnesses, or the preparation of proposed decisions for a trial court or quasi-judicial body. or

2. As a member or hearing officer of a quasi-judicial body.

This experience must have included or been supplemented by one year of technical or professional experience in the gas, electric, communications, water, transportation, or an allied utility industry. and

Education: Equivalent to graduation from college. (Additional qualifying experience may be substituted for the required education on a year-for-year basis.)

* Experience in the "practice of law" or "performing legal duties" is defined as: (1) only that legal experience acquired after admission to any State Bar, or (2) experience as a judicial clerk for a federal court, California's state courts, or any other state's courts, or (3) legal experience acquired while practicing under a provisional license to practice law issued by the State Bar of California's Provisional Licensure Program, to constitute experience in the practice of law. For an individual's judicial clerkship to qualify as experience in the practice of law or performing legal duties, the experience must have been gained after receipt of a Juris Doctor or equivalent degree.

Knowledge and Abilities

Knowledge of: Law governing the Public Utilities Commission, the law administered by it, and the judicial interpretation of such laws; the rules and regulations of the Public Utilities Commission; the conduct of formal hearings and proceedings; the rules of evidence and procedure before the Public Utilities Commission; administrative and constitutional law applicable to the Public Utilities Commission; the basic principles of organization, structure, and financing of public utilities; transportation economics, rate structure, and classification; valuation of Public Utility properties, and rate-fixing procedures.

Ability to: Conduct formal hearings and proceedings; do basic research on problems arising in connection with hearings; analyze a variety of problems in the light of applicable principles and precedents and exercise independent judgment in arriving at findings of fact and law; make accurate summaries of evidence and prepare examiners' reports, opinions, and findings; present written statements of fact, law, and argument clearly and logically; conduct fair and impartial hearings; analyze situations accurately and take effective action.

Special Personal Characteristics

Impartiality, judicial temperament, emotional stability, clear enunciation, neat personal appearance, and pleasing personality.

*Experience in the "practice of law" or "performing legal duties" or "legal experience" is defined as only that legal experience acquired after admission to The Bar.