Administrative Law Judge, Air Resources Board Series

California State Personnel Board Specification

Series established November 5, 1991

Scope

This series specification describes the classes used in the Air Resources Board to preside over or conduct quasi-judicial hearings and investigations for various State or other public agencies in connection with issuance, renewal, suspension, or revocation of citations under the Administrative Procedures Act, Air Resources Board regulations, or other matters administrated by the Air Resources Board; control the course of hearings, and secure their reasonable expedition and orderly conduct throughout; administer oaths; instruct participants at hearings as to their rights; question witnesses; rule on the relevancy or admissibility of evidence; receive and review evidence in written form; examine testimony taken by deposition; prepare proposed facts and conclusions of law and recommended actions, or advise and assist the agency in formulating a decision; prepare reports to supplement findings and recommendations; certify to official acts of the agency; forward necessary information to the proper parties when appeals are carried to higher authorities; confer with superior officers and officials of the Air Resources Board on matters of policy, procedure, and interpretation and submit recommendations to the Executive Officer of the Air Resources Board; and assist in research programs in connection with the study of administrative law and procedure, including their relationship to effective public administration.

Definition of Levels

Administrative Law Judge I, Air Resources Board

This is the full journey level in the series. Incumbents, under direction, preside over quasi-judicial hearings as provided under the Administrative Procedures Act, Air Resources Board regulations, or other applicable statutes; render proposed decisions or assist the agency in formulating its decisions; and to do other related work.

Administrative Law Judge II, Air Resources Board

The incumbent, under general direction, plans, directs, and controls the work of Administrative Law Judges; reviews their work for consistency; presides over and conducts the most difficult and sensitive administrative hearings; and does other related work.

Minimum Qualifications

All Levels:

Active membership in The State Bar of California and admission to practice law in California for a least five years immediately preceding application for appointment. (Applicants for the Administrative Law Judge I and II examinations with four years of qualifying experience will be admitted to the examination but must complete the required five years before becoming eligible for appointment.)

Administrative Law Judge I, Air Resources 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' experience in the presentation of evidence and the examination of witnesses before a trial court or quasi-judicial administrative body.

Administrative Law Judge II, Air Resources Board

Either I

One year of experience as an Administrative Law Judge I, Air Resources 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' 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: Provisions of Division 26 of the California Health and Safety Code and related regulations thereto; provisions of the Federal Clean Air Act and related regulations thereto; the California Environmental Quality Act and National Environmental Policy Act and their Processes; leading State and Federal court decisions in the field of environmental law, with emphasis on air aspects; legal principles and their application; conduct of hearing proceedings and the provisions of the Administrative Procedure Act; rules of evidence governing such procedure and the laws relating to serving notices, taking depositions, and issuing subpoenas; legal research; court decisions interpreting the powers of administrative boards and agencies; principles and theories of administrative law and the judicial review of administrative actions; principles and objectives of effective public administration and an understanding of the uses of proper administrative procedures in furthering these objectives; and legal terms and forms in common use.

Ability to: Perform research; analyze, appraise, and apply legal principles, evidence, and precedents to legal issues; make accurate summaries of evidence and prepare appropriate findings and conclusions of law and make recommendations based on such facts; 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; communicate effectively; and establish and maintain cooperative relations with those contacted in the course of work.

Administrative Law Judge II, Air Resources Board

Knowledge of: All the above, and principles and objectives of effective public administration and understanding of the use of proper administrative procedures in furthering these objectives; principles of personnel management and supervision; and a manager's / supervisor's responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.

Ability to: All of the above, and plan, direct, and control the activities of Administrative Law Judges I; contribute effectively to the formulation and administration of departmental policies and programs; and effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.

Special Personal Characteristics

Willingness to travel; tact; judicial temperament; creative; organized; and flexible.

Class History

* 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.