Administrative Law Judge

Summary

This position is located in Office of Administrative Law Judges (OALJ), Office of Hearings and Appeals (OHA), Office of Finance and Operations (OFO), and reports to the Chief Administrative Law Judge (Chief ALJ). The OALJ conducts hearing appeals by grantees and other statutory and regulatory hearings administered by the Department, and as delegated by the Secretary of Education.

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Duties

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APPLICATION LIMIT : This vacancy announcement is limited to the first 200 applications received and will close at 11:59PM Eastern Time on the day that we receive the 200th application, or at 11:59PM Eastern Time on the listed closing date, whichever occurs first. We encourage you to read this entire vacancy announcement prior to submitting your application.

As an Administrative Law Judge (ALJ), your primary function is to hear administrative proceedings which the Department is required to conduct subject to the Administrative Procedure Act (APA) (5 U.S.C. Section 551, et. seq.). The ALJ issues decisions and orders in adjudicatory hearings and performs other duties consistent with the APA and remains judicially independent of the Secretary. Additionally, the ALJ may conduct informal fact-finding inquiries or preside over pre-offset hearings such as requests for employee salary waiver over-payment cases.

The ALJ administers oaths and affirmations, rules upon motions, regulates the course of evidentiary hearings and receives relevant evidence, holds conferences regarding settlement and other issues, and disposes of procedural requests or similar matters.

The ALJ regularly prepares a complete formal record of hearings and issues formal written decisions. Depending on the case type, the ALJ may issue an initial decision subject to further appeal to the Secretary, or a final agency decision, subject only to appeal to an Article III federal court. The ALJ issues all decision and holds all hearings in a timely manner. Some types of proceedings are governed by strict timelines to which the ALJ must adhere.

In consultation with, and with prior approval of the U.S. Office of Personnel Management and the Chief ALJ and the Department of Education, the ALJ may be called to assist another agency on a temporary basis for the purpose of conducting formal administrative hearings before such other agency.

Requirements

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Conditions of employment

You must meet all qualification requirements by the closing date of this vacancy announcement.

• You must be a U.S. citizen or national.
• You will be required to successfully complete a background investigation. If tentatively selected, you will be required to submit an OF-306, Declaration for Federal Employment, and an SF-85P, Questionnaire for Public Trust Positions, and provide fingerprints. All ALJ applicants must receive a favorable personnel security adjudication before a final offer of employment is extended.
• You are required to register for Selective Service if you are a male born after 12/03/1959.
• You will be required to maintain a professional license to practice law under the laws of a state, territory, the District of Columbia, or the Commonwealth of Puerto Rico. For more details, see Licensure under the Qualifications section below.
• You will be required to submit a Public Financial Disclosure Statement, OGE-278, before a final offer of employment is extended and annually thereafter.

Qualifications

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional, philanthropic, religious, spiritual, community, student, social). Volunteer work helps build critical competencies, knowledge, and skills, and can provide valuable training and experience that translates directly to paid employment. We will consider all qualifying experience, including any volunteer experience. Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order to be credited towards qualifications.

Education

Graduation from an accredited university with a Juris Doctor (J.D.) or Bachelor of Laws (LL.B.).

Licensure

You must possess a professional license to practice law and be authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution at the time of selection and throughout the selection process. "Judicial" status is acceptable ln lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. Being in "good standing" is also acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law.

Qualifying Experience

• You must have at least 6 years of experience as a licensed attorney - INCLUDING - at least 3 years of experience as a state or federal administrative law judge, administrative judge, military judge, immigration judge, magistrate, trial judge, appellate judge, or other state or federal adjudicator presiding over civil or criminal litigation or administrative law cases;

OR

• 10 years of experience as a licensed attorney preparing for, participating in, or reviewing formal hearings or trials involving civil or criminal litigation or administrative law at the military, Federal, State, or local level.

Cases must have been conducted on the record under procedures at least as formal as those prescribed by 5 U.S.C. §§ 554-559 of the Administrative Procedure Act. Qualifying "civil or criminal litigation" experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or equivalent military authority. Qualifying "administrative law" experience involves cases in which a formal procedure was initiated by a governmental administrative body or a private organization or individual. Both types of experience include:

• Preparing scheduling and other pre-trial orders;
• Drafting protective orders;
• Preparing for and participating in the adjudication of cases;
• Drafting opinions and decisions;
• Conducting and participating in in-person, virtual, and hybrid hearings; or
• Adjudicating cases exclusively on a written record.

Non-Qualifying Experience: Experience involving cases without formal hearing procedures and uncontested cases.

Knowledge, Skills, and Abilities (KSAs)

The quality of your experience will be measured by the extent to which you possess the following knowledge, skills and abilities (KSAs). You do not need to provide separate narrative responses to these KSAs, as they will be measured by your responses to the occupational questionnaire (you may preview the occupational questionnaire by clicking the link at the end of the Evaluations section of this vacancy announcement).

• Knowledge of administrative law, including the substantive law, rules, regulations and procedures of the Administrative Procedure Act.
• Ability to preside over and control an adversary hearing in which parties are represented by counsel.
• Knowledge of how to conduct virtual and hybrid hearings without assistance from law clerks or legal administrators.
• Ability to analyze applicable facts and law, and write a timely, clear, and complete but concise decision without assistance from law clerks or other staff attorneys.
• Skill in mediating disputes involving adversarial parties and maintaining proper judicial temperament and demeanor in hearings with represented parties and in hearings with self-represented persons.
• Ability to proficiently use a computer to communicate, write decisions, and perform research through electronic means, ideally using the latest AI-enhanced versions of Westlaw, Lexis, and other legal research tools.

Additional information

SUITABILITY & INVESTIGATION: If you are selected for this position, you will be required to complete the Declaration for Federal Employment (OF-306) to determine your suitability for federal employment and successfully complete a pre-appointment investigation/background check.

ESSENTIAL/NON-ESSENTIAL: This position is considered non-essential for purposes of reporting to work during federal government closures.

BARGAINING UNIT: This position is not included in the bargaining unit.

SELECTIVE SERVICE: If you are a male applicant born after December 31, 1959, you must certify at the time of appointment that you have registered with the Selective Service or are exempt from having to do so under Selective Service law.

REASONABLE ACCOMMODATION: This agency provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the hiring agency directly. The decision on granting reasonable accommodation will be on a case-by-case basis.

EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY:

OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Human Resources Office.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

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A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.