Hearing Adviser, California Energy Commission Series

California State Personnel Board Specification

Series established September 22, 1977

Scope

This series specification describes three Hearing Adviser, California Energy Commission, classification levels. Incumbents in these classes assist the California Energy Commission presiding member in conducting formal hearings relating to applications for power facilities and site certifications and other regulatory proceedings pending before the California Energy Commission. Hearing Advisers may preside over or conduct certain proceedings except in three specific areas as precluded by Commission rules, Title 20, Section 1205: Siting Cases, Biennial Report Proceedings and Rulemaking Proceedings.

Typical Tasks

Incumbents assist in controlling the course of the hearing, securing its reasonable expedition and orderly conduct throughout; instructing parties as to their rights; issuing subpoenas, administering oaths, examining witnesses, and receiving evidence; hearing arguments, permitting the filing of briefs, and making other procedural rulings; consulting with staff members on technical subjects; analyzing pleadings and other documents in preparation for hearings; determining the advisability of and holding prehearing conferences; analyzing and evaluating facts, policy and law in the preparation and issuance of reports and findings regarding the certification proceedings and other formal matters; preparing proposed decisions from submitted transcripts and evidence containing findings of fact, conclusions of law, and recommended disposition; conferring with Department staff and California Energy Commission members on matters pertaining to hearings, policies, and procedures; and performing other related work.

Definition of Levels

Hearing Adviser I, California Energy Commission

This is the entry and first working level of the series. Under direction, incumbents assist the California Energy Commission presiding member in conducting informal and formal adjudicatory hearings and process less complex matters. These proceedings require the incumbents to do work of average difficulty in applying State laws, and the rules and regulations of the California Energy Commission.

Hearing Adviser II, California Energy Commission

This is the full journeyperson level of the series. Under general direction, incumbents assist the California Energy Commission presiding member in the most sensitive and complex proceedings and formal hearings before the California Energy Commission, and may serve as a review person over Hearing Adviser I, California Energy Commission.

Chief Hearing Adviser, California Energy Commission

This is the supervisory level of the series. Incumbent supervises, plans, coordinates and reviews the work of hearing adviser staff; is responsible for the formulation of policies and procedures for the hearing adviser office; manages administrative hearings; reviews the findings and the drafts of proposed decisions resulting from hearings before the California Energy Commission; and may occasionally assist in the conduct of hearings involving difficult or complex issues.

Minimum Qualifications

All Levels:

Admission to practice law in any State in the United States or the District of Columbia.

Hearing Adviser I, California Energy Commission

Either I

One year of experience in the California state service performing legal duties* in a class with a salary not less than that of Legal Counsel, Range�B, or Staff Counsel, Range B, in at least one of the following:

1. The presentation of evidence and the examination of witnesses in matters involving energy resources, environmental law, or administrative law; or

2. Assisting in the preparation of formal decisions and reports for the California Energy Commission; or

3. The rendering of responsible assistance to a public agency in reviewing, evaluating and recommending action in any combination of areas described in item 1 to be taken by the public agency, or in the preparation or hearing of cases, or formal adjudicatory hearings for the public agency, or in the preparation of decisions by the public agency.

Or II

Three years of hearing experience, at least one of which includes the presentation of evidence and the examination of witnesses, or the preparation of proposed decisions for a trial court or quasi-judicial body in matters involving one or more of the following: energy resources, environmental law, or administrative law. (Experience in the California state service applied toward this pattern must include one year of experience in a class at a salary level at least equivalent to Legal Counsel, Range B, or Staff Counsel, Range B).

Experience applicable to one of the above patterns may be combined on a proportional basis with experience applicable to the other to meet the total experience requirement. Experience in California state service applied toward "Pattern II" must include the same number of years of qualifying experience as required in "Pattern I" performing the duties at a level of responsibility equivalent to that described in "Pattern I".

Hearing Adviser II, California Energy Commission

Either I

Two years of experience in the California state service as a Hearing Adviser�I, California Energy Commission.

Or II

Five years of hearing experience, at least two of which included the pre- sentation of evidence and the examination of witnesses, or the preparation of proposed decisions for a trial court or quasi-judical body in matters involving one or more of the following matters: energy resources, environmental law, or administrative law.

Experience applicable to one of the above patterns may be combined on a proportional basis with experience applicable to the other to meet the total experience requirement. Experience in California state service applied toward "Pattern II" must include the same number of years of qualifying experience as required in "Pattern I" performing the duties at a level of responsibility equivalent to that described in "Pattern I".

Chief Hearing Adviser, California Energy Commission

Either I

Two years of experience in the California state service as a Hearing Adviser�II, California Energy Commission.

Or II

Three years of experience in the California states service as a Hearing Adviser I, California Energy Commission.

Or III

Five years of hearing experience, at least three of which included the presentation of evidence and the examination of witnesses, or the preparation of proposed decisions for a trial court or quasi-judicial body in matters involving one or more of the following matters: energy resources, environmental law, or administrative law.

Experience applicable to one of the above patterns may be combined on a proportional basis with experience applicable to the other to meet the total experience requirement. Experience in California state service applied toward "Pattern III" must include the same number of years of qualifying experience as required in "Pattern I or II" performing the duties at a level of responsibility equivalent to that described in "Pattern I or II".

Knowledge and Abilities

Hearing Adviser I, California Energy Commission

Hearing Adviser II, California Energy Commission

Knowledge of: Laws governing and administered by the California Energy Commission; the interpretation of such laws; the rules and regulations of the California Energy Commission; the conduct of informal adjudicatory hearings and proceedings in matters involving one or more of the following matters: energy resources, environmental law, or administrative law.

Ability to: Assist in conducting 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; assist in conducting fair and impartial hearings; analyze situations accurately and take effective action.

Chief Hearing Adviser, California Energy Commission

Knowledge of: In addition to the above, the Commission's Affirmative Action Program objectives; a manager's role in the Affirmative Action Program, the processes available to meet affirmative action objectives and the principles of supervision.

Ability to: In addition to the above, effectively contribute to the Commission's affirmative action objectives and to apply the principles of personnel management and supervision.

Special Personal Characteristics

All Levels:

Willingness to travel; impartiality; judicial temperament; clear enunciation; and willingness to work irregular hours.

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 a State or Federal Bar.