PSC - Administrative Law Judge (Contractual)

Special Application Instructions

This is not a permanent position.  This is a part-time temporary contractual position.

ALL CANDIDATES MUST SUBMIT THE FOLLOWING MATERIALS WITH THEIR APPLICATION: 

1.    An Executive Summary demonstrating an understanding of the Board’s needs and describe the candidate’s ability to meet those needs. This should include but not be limited to details describing the candidate’s approach to serving as an Administrative Law Judge (ALJ), a summary of the candidate’s education, experience, and support, and demonstrate an understanding of the required time to perform the responsibilities of a hearing officer adequately and efficiently.

2.    A copy of the individual’s current card from the Attorney Registration and Disciplinary Commission and evidence that the individual has graduated from an accredited law school.

3.    Illinois License to Practice Law in Illinois that has been valid for at least the past 8 years.

4.    A brief history of the applicant’s practice or firm, identifying its date of licensure, memberships in professional or community organizations, and any relevant special recognition received from professional or community organizations. 

5.    A list of any relevant previous clients, including other government agencies and law enforcement agencies, relevant information concerning its record of past performance and quality of work on similar contracts for government agencies or corporate transactions.

6.    A current resume and detailed description of the candidate’s experience serving as legal counsel, judge, or arbitrator for a governmental entity or corporate organization. This description should include a list of former clients affiliated with law enforcement practices; including but not limited to, police agencies, police officers, police unions, or police organizations.  

7.    A written decision of any prior matter that demonstrates the candidate’s ability to apply facts to applicable laws, rules, or policies and render decisions based thereon. 

8.    A list of matters in which the candidate presided over disputes and rendered evidence-based decisions over a period of at least five years.  

Position Overview

The SAFE-T Act requires the Illinois Law Enforcement Training Standards Board (“Board”)  to conduct administrative hearings related to the discretionary decertification of law enforcement officers and emergency suspensions of and refusals to reactivate law enforcement officer certification. With this one (1) year contract, the Board seeks to secure the services of up to three (3) contractors to complement the work of the Board in conducting public hearings, obtaining and analyzing necessary evidence, and making the necessary findings and recommendations under the Illinois Police Training Act’s provisions regarding decertification, refusals of reactivation, and emergency orders of suspension. See 50 ILCS 705/6.3, 8.1, 8.2, and 8.3. Those serving in these positions shall be known as Administrative Law Judges (“ALJ”).

Essential Functions

1.) Supplement the Board’s legal staff and perform the duties of an Administrative Law Judge (ALJ) by serving as a hearing officer over the term of the contract as requested by the Board. 

•    Each individual hearing will require a separate request for services and the ALJ will serve as a hearing officer for the entire hearing process, unless the Board determines otherwise. 
•    The ALJ may use Board support staff to provide administrative support and consult with other attorneys as needed to carry out the ALJ’s responsibilities. 
•    The ALJ responsibilities include, but are not limited to, the following: pre-hearing duties, conducting the public hearing, analyzing the information, making findings and recommendation, which will be documented in writing, and conducting any necessary consultations. 
•    The hearing process and documentation must be completed within required timeframes required by the Board as in the request for service. 
•    The required timeframe will be identified at the time of each hearing assignment. 
•    Written documentation and case files must be provided and maintained in a format consistent with Board requirements.

2.) The ALJ will execute pre-hearing duties as determined to be necessary, including issuing subpoenas (if authorized by Statue) and pre-hearing notices, initiating, scheduling, and conducting pre-hearing conferences and issuing related orders, ruling upon motions and requests for discovery, scheduling and holding conferences for the settlement or simplification of issues, developing hearing procedures if needed, and enforcing said procedures and applicable administrative rules of the Board.

Essential Functions (Continued)

3.) The ALJ will conduct public hearings pursuant to statute and the administrative rules of  the Board. 

Duties involved in conducting the hearings include the power to:
•    Administer oaths and affirmations.
•    Regulate the course of hearings, set the time and place for continued hearings, fix time for filing of documents, provide for the taking of testimony by deposition if necessary, and generally conduct the proceedings according to generally recognized administrative law and the Board’s hearing procedure.
•    Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitious or cumulative testimony, and set reasonable limits on the amount of time each witness may testify.
•    Rule upon offers of proof and receive relevant evidence.
•    Authorize subpoenas that require attendance, giving testimony and the production of books, papers and other documentary evidence.
•    Direct parties to appear and confer for the settlement or simplification of issues, and to otherwise conduct prehearing conferences.
•    Dispose of procedural requests or similar matters.
•    Enter any order consistent with the Illinois Administrative Procedure Act (5 ILCS 100/Art. 10) and the Board’s Administrative Rules governing Administrative Hearings (20 Illinois Administrative Code 1790.100 et seq.) 

4.) The ALJ will document findings, analyses, and recommendations in writing. 

•    These duties will include preparing organized and concise written material utilizing technical and legal terminology and maintaining well organized and indexed case files. 
•    Following the hearing, the ALJ will render Findings of Fact, Opinions, Conclusions of Law, and Recommended Dispositions for the entry of an order. 
•    Such Findings, Conclusions, Opinions, and Recommended Dispositions shall be in writing and separately stated when possible. 
•    Findings of Fact shall be based exclusively on the evidence presented at the hearing or known to all parties, including matters judicially or otherwise officially noticed. 
•    If set forth in statutory language, such Findings shall be accompanied by a statement of the underlying supporting facts. 
•    If a party submits proposed Findings of Fact which may control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each Conclusion of Law shall be supported by authority or reasoned opinion. A decision or order shall not be made except upon consideration of the record as a whole or such portion thereof as may be supported by competent material and substantial evidence. The hearing officer shall submit the hearing officer’s Findings, Conclusions, Opinions, and Recommended Dispositions to the Chairman of the Certification Review Panel following the hearing.

5.) The ALJ will conduct the duties and responsibilities of a hearing officer in administrative hearings related to decertification matters.

Minimum Qualifications

•    Required to have graduated with a Juris Doctorate (JD) from an accredited law school.
•    Required to be an Illinois licensed attorney in good standing with Attorney Registration and Disciplinary Commission.
•    Required to have a minimum of eight (8) years’ experience as a practicing attorney in Illinois.
•    Required to have a minimum of five (5)  years’ experience as a litigator, pursuant to 20 Illinois Administrative Code 1790.450.

Conditions of Contractual Employment

•    Required to inform the Board of any potential conflicts of interest that arise throughout the term of the contract.
•    Required to remain an Illinois licensed attorney in good standing with Attorney Registration and Disciplinary Commission throughout the term of the contract.
•    Must not have been employed or retained by any law enforcement agency, department or entity in the preceding five (5) years.
•    Must not have been employed or retained by a law any enforcement collective bargaining entity in the preceding five (5) years.
•    Must not be employed by the Board at the time of issuance of the contract.
•    Must have the ability to pass a work history and criminal background check.

About the Agency

The Illinois Law Enforcement Training and Standards Board is the state agency mandated to promote and maintain a high level of professional standards for law enforcement and correctional officers. Its purpose is to promote and protect citizen health, safety, and welfare by encouraging municipalities, counties, and other governmental agencies in their efforts to upgrade and maintain a high level of training and standards for law enforcement personnel. The Board is responsible for developing and providing quality training and education, setting professional standards, and aiding in the establishment of adequate training facilities. By constantly adapting to changes in technology, the ever‐changing face of crime in the United States, and society's demands on those entrusted with the responsibility of enforcing its laws, the Board plays a crucial role in the professionalization of policing in Illinois. The Board is an equal opportunity employer and is dedicated to building and maintaining a diverse, equitable, and inclusive workforce. The Law Enforcement Training & Standards Board is a drug‐free workplace.