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.

Duties

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

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 and evaluation

We will review your application and documentation submitted to ensure you meet the basic qualification requirements. You will be evaluated based on how well you meet the qualifications and competencies listed in this vacancy announcement. Your qualification will be evaluated based on your application materials (e.g., resume, supporting documents), and the result of the Competency Based Assessment(s) required for this position. You will be assessed on the following competencies (knowledge, skills, abilities, and other characteristics). Applicants may be required to participate in a proctored writing assignment. Highly Qualified applicants may undergo one or more interviews and may be referred to the selecting official for further consideration. Based on the outcome of this evaluation, your application data may be further assessed by a Subject Matter Expert (SME) panel. If your qualifications are not substantiated by your submitted resume, you may be eliminated from receiving further consideration. We will refer the best qualified candidates to the Selecting Official of the job for further review and consideration. Applicants may undergo interviews and may be required to participate in a proctored writing assignment. You will be evaluated to determine if you meet qualifications required, and on the extent to which your application shows that you possess the knowledge, skills and abilities associated with this position as defined above. Please be sure to give examples in your resume and explain how often you used these skills, the complexity of the knowledge you possessed, the level of people you interacted with, and the complexity and sensitivity of the issues you handled. Veterans' Preference: Department of the Education Administrative Law Judge (ALJ) positions are in the excepted service, not the competitive civil service. There is no formal system for applying veterans' preference to ALJ appointments in the excepted service; however, the Department of the Education considers veterans' preference eligibility as a positive factor consideration in the ALJ hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., SF-15, DD 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation.

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.

How to apply

Step 1: Create a USAJOBS account (if you do not already have one) at www.usajobs.gov. Step 2: Create a resume using the USAJOBS resume builder or upload a resume into your USAJOBS account. Ensure that your resume demonstrates your education, experience, training, and accomplishments as it relates to the qualifications for this position and substantiates your responses to the occupational questionnaire. Step 3: Upload any required documents into your USAJOBS account (must be less than 3MB and in one of the following document formats: GIF, JPG, JPEG, PNG, RTF, PDF, or Word (DOC or DOCX)). Step 4: Click "Apply Online" and follow the prompts to complete the occupational questionnaire and attach any required documents. Verify that uploaded documents from USAJOBS transfer into the agency's hiring system. You will have the opportunity to upload any additional required documents in the agency's hiring system. Click "Finish" to submit your application. NOTE: You may update your application or required documents at any time while the announcement is open by logging into your USAJOBS account, clicking on "Application Status," clicking on the position title, clicking "Update Application," and following the prompts. In order to receive consideration for this position, you must submit your complete application, including all required documents, by 11:59 PM Eastern Time on the closing date of the vacancy announcement. If the vacancy announcement has an application limit, we recommend that you submit your complete application at the time of initial application. We will not accept any required documentation after the closing date of the vacancy announcement. If you have any questions regarding submitting your application, please contact the HR Specialist listed under the Agency Contact Information.

Required documents

Some jobs require additional professional certifications. See the job announcement for details. Your resume should include relevant work experience, applicable education and your contact information. For current or previous federal employees, include the pay plan, series and grade. A complete application consists of all items listed below. Required materials must be submitted by the conclusion of the staffing process. Applications that are incomplete at that time may not be considered. Please carefully review the following list to determine what documentation you need to submit. Some documents may not apply to all applicants. You must submit (REQUIRED FOR ALL APPLICANTS): A Resume (Not to exceed 2 pages): You are required to submit a resume demonstrating your education, experience, training, and accomplishments as it relates to the qualifications for this position and substantiating your responses to the occupational questionnaire. For current or previous federal employees, include the pay plan, series and grade. Please limit your resume to a font size no smaller than 10 points. If your resume is more than 2 pages, only the first 2 pages will be reviewed and considered for the qualification's determination. Bar Certificate of Good Standing: You are required to submit a certificate of good standing issued within 90 days of submission by the highest court of at least one state, territory, the District of Columbia, or the Commonwealth of Puerto Rico indicating current membership in such Bar as would permit the current practice of law. Cover Letter (Not to exceed 1 page): You are required to submit a cover letter that addresses your skills and goals that are relevant to this application. Writing Sample (Not to exceed 30 pages): You are required to submit an adjudicatory decision, litigation brief, or comparable analytic legal exposition that is your original work product. Your writing sample will be used to evaluate your experience based on the knowledge, skills, and abilities required for the position. The writing sample will be reviewed for organization, analysis, discussion, style, and grammar. The document will also be evaluated to determine whether the writing sample was persuasive and authoritative. List of References: You are required to submit a list of 3 professional references. You may be required to submit additional references at later stages in the selection process. List of Continuing Legal Education (CLE) Courses Attended: You are required to submit a list of all CLE courses you attended within the last 4 years. Include the approximate date, location, sponsor, length, and topic(s) of instruction. If mandatory CLE was not required by (any of) your bar license(s) for any period of the 4 years, so indicate. List of Publications/Decisions: You are required to submit a list of publications and written decisions-including concurring or dissenting decisions-that you have authored, along with citations to Westlaw, Lexis, or a website URL, where they can be found. If you have not authored any publications or decisions, submit a document indicating "No publications or decisions." Transcripts: You are not required to submit transcripts to apply to the vacancy announcement. You may be required to submit transcripts at later stages in the selection process. ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable: - CURRENT OR FORMER FEDERAL EMPLOYEES (including current U.S. Department of Education employees): must also submit: A Notification of Personnel Action (SF-50), which demonstrates your eligibility. To verify your eligibility, we will review your SF-50 to determine your tenure (block 24) and position occupied (block 34). Examples of sufficient SF-50s include appointments, promotions, within-grade increases, and pay adjustments. If you currently hold or previously held a federal position at or above the highest grade of this position or you have/had promotion potential at or above the highest grade of this position, you must also submit an SF-50 documenting your highest grade level held or promotion potential. Examples of sufficient SF-50s include appointments and promotions. PERFORMANCE APPRAISAL - Most recent performance appraisal is strongly recommended. If you are claiming Veterans' Preference you must submit: A copy of your DD-214 that shows active service and character of discharge, member copy 4 (Separated Members only); OR A certification of expected discharge or release from active duty under honorable conditions within 120 days from the date of application (Current Active-Duty Members only); AND/OR The Application for 10-Point Veteran Preference (SF-15) AND all documents indicated on the form as proof of type of preference; AND/OR Proof of Sole Survivorship Preference (e.g., certificate of death or 100% disability as a result of serving in the armed forces).

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: http://www.eeoc.gov/federal/index.cfm 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.