A hearing examiner presides over administrative legal cases for government organizations, conducting investigations, weighing evidence, and making decisions. They must protect due process, act in accordance with legal statutes, and inform parties of their rights. Qualifications vary, and decisions are made after the hearing.
A hearing examiner usually works for a government organization and presides over and decides on legal cases, usually of an administrative nature. Examiners can be found working in almost every jurisdiction, from small town governments to national and international government organizations. Required qualifications can range from an undergraduate degree in law to a lawyer, depending on the organization’s needs. As part of his duties, the Hearing Examiner will conduct investigations, weigh evidence, conduct legal research and explain the reasons behind his decisions. In addition, the job may entail supervisory responsibilities, reviewing legal statutes and being called upon to make recommendations for changes to current law.
First, the examiner has a responsibility to protect the due process of all parties involved throughout the process. This includes protecting confidentially, preserving evidence, and enforcing statutes fairly and efficiently for all participants, while refraining from participating in hearings where he or she may have a stake or personal interest. In addition, the examiner is often expected to act in accordance with all legal statutes that apply to an administrative hearing. Demonstration of professional and personal ethics is expected in all actions in which the examiner is involved. As part of ensuring due process, the examiner is also responsible for informing all parties involved of their rights and responsibilities in relation to the hearing process.
Although the duties can vary considerably depending on the type of organization the examiner represents, many of them are quite similar, only applied in accordance with the legal statutes within their competence. For example, a traffic hearing examiner can preside over administrative hearings related to traffic violations, while a human rights examiner can handle complex cases at an international level in multiple jurisdictions. While qualifications for the position can vary significantly, in most cases experience in dealing with legal statutes as applied within the position is generally required.
In most hearings conducted by an examiner, decisions are not made at the actual hearing. The usual course of proceedings involves hearing testimony, examining available evidence, and following through with necessary investigations into the matter under consideration. Upon completion, the examiner will deliberate the case, conduct all necessary legal research, and reach a conclusion or recommendation as necessary. He will record the conclusions or recommendations in a written report, citing all facts, findings and applicable legal statutes.
Protect your devices with Threat Protection by NordVPN
