Administrative Law Judge, New Motor Vehicle Board Series

California State Personnel Board Specification

Series established August 13, 1981

Scope

This series specification describes two Administrative Law Judge, New Motor Vehicle Board, classification levels.  Incumbents in these classes may preside over or conduct quasi-judicial hearings and make final or proposed decisions on appeals or petitions for which provision is made in the Vehicle Code and other pertinent rules and regulations; do research and prepare decisions for consideration of the New Motor Vehicle Board; and do other related work.

Definition of Levels

Administrative Law Judge I, New Motor Vehicle Board

This is normally the entry level for this series.  Under direction, incumbents conduct quasi-judicial hearings where oral argument is made, both oral and documentary evidence are presented, and briefs reviewed; administer oaths; receive and review evidence in written form; examine testimony taken by deposition; issue subpoenas for witnesses and the production of books, records, papers, and other documents; control the course of the hearing, secure its reasonable expedition and orderly conduct throughout; question witnesses; instruct participants at hearings of their rights; rule on the relevancy or admission of evidence as provided by law from transcripts and evidence submitted; prepare proposed decisions containing findings of facts and conclusions of law and recommended actions; certify to official acts; and perform legal research.

Administrative Law Judge II, New Motor Vehicle Board

In addition to the duties described above, the incumbent in this class, under general direction, serves as the Senior Administrative Law Judge; hears the more complex or sensitive cases; may preside at hearings held before the New Motor Vehicle Board; may make final decisions; critically analyzes and clearly delineates and writes legal issues of great complexity; may participate in case load assignments; advises or consults with Administrative Law Judges I on points of law, findings of fact, proposed decisions, and methods of operation; and provides guidance on problem cases.

Minimum Qualifications

All Levels:

Member in good standing in The State Bar of California and admission to practice law in California for at least five years immediately preceding application for appointment.  (Candidates for the Administrative Law Judge I and II examinations will be admitted to the examination with four years of qualifying experience, but they must complete five years before they can be considered eligible for appointment.)

Administrative Law Judge I, New Motor Vehicle Board

Either I

One year of experience in the conduct of judicial or quasi-judicial hearings in the capacity of presiding officer.

Or II

Five years of experience in the practice of law*, which shall have included at least two years of experience in the presentation of evidence and the examination of witnesses before a trial court or quasi-judicial administrative body.

Administrative Law Judge II, New Motor Vehicle Board

Either I

One year of experience in the California state service as an Administrative Law Judge I, New Motor Vehicle Board.

Or II

Two years of experience in the conduct of judicial or quasi-judicial hearings in the capacity of presiding officer.

Or III

Five years of experience in the practice of law*, which shall have included at least three years of experience in the presentation of evidence and the examination of witnesses before a trial court or quasi-judicial administrative body.

Knowledge and Abilities

All Levels:

Knowledge of: Legal principles and their application; conduct of hearings under California Vehicle Code Sections 3050(b), (c), and (d), 3060, 3062, 3064, or 3065; rules of evidence governing such procedure and the laws relating to serving notices, taking depositions, administering oaths, and issuing subpoenas; legal research; relevant court and board decisions interpreting the appropriate California Vehicle Codes; and court decisions interpreting the powers of administrative law and the judicial review of administrative law and the judicial review of administrative actionsKnowledge of:  Legal principles and their application; conduct of hearings under California Vehicle Code Sections 3050(b), (c), and (d), 3060, 3062, 3064, or 3065; rules of evidence governing such procedure and the laws relating to serving notices, taking depositions, administering oaths, and issuing subpoenas; legal research; relevant court and board decisions interpreting the appropriate California Vehicle Codes; and court decisions interpreting the powers of administrative law and the judicial review of administrative law and the judicial review of administrative actions.

Ability to: Interpret and apply the provisions of the California Vehicle Codes pertaining to the New Motor Vehicle Board mandates and other related State and Federal rules, regulations, and laws; conduct fair and impartial hearings in a manner that will obtain all pertinent evidence and secure confidence and respect; maintain a fair and impartial attitude of mind without bias or prejudice; prepare summaries of facts and render decisions or make recommendations based on such facts; analyze difficult and complex legal problems and apply legal principles and precedents to particular sets of facts; communicate effectively; analyze situations accurately and adopt an effective course of action; and establish and maintain cooperative relations with those contacted in the workAbility to:  Interpret and apply the provisions of the California Vehicle Codes pertaining to the New Motor Vehicle Board mandates and other related State and Federal rules, regulations, and laws; conduct fair and impartial hearings in a manner that will obtain all pertinent evidence and secure confidence and respect; maintain a fair and impartial attitude of mind without bias or prejudice; prepare summaries of facts and render decisions or make recommendations based on such facts; analyze difficult and complex legal problems and apply legal principles and precedents to particular sets of facts; communicate effectively; analyze situations accurately and adopt an effective course of action; and establish and maintain cooperative relations with those contacted in the work.

Administrative Law Judge II, New Motor Vehicle Board

Knowledge of:  In addition to the above, a wide, in-depth understanding of administrative law and procedure; and in-depth understanding of the law of evidence.

Ability to:  In addition to the above, preside over more difficult and/or sensitive hearings; critically analyze and write clearly on issues of great complexity; and provide training and guidance to Administrative Law Judges I, New Motor Vehicle Board.

Special Personal Characteristics

All Levels:

Willingness to travel; judicial temperament and demeanor; and tact.

Class History

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