Program Coordinator III-H,A East

Agency Dept of Transportation Division Division of Motor Vehicles Job Classification Title Program Coordinator III (S) Position Number 60031344 Grade NC12 About Us It's the mission of the NC Department of Transportation to connect people, products and places safely and efficiently with customer focus, accountability, and environmental sensitivity to enhance the economy and vitality of North Carolina. We encourage you to consider joining NCDOT where our work not only serves the citizens of North Carolina but has an impact on our world through all modes of transportation. Description of Work The primary purpose of these positions is to conduct administrative hearings for the Division of Motor Vehicles. These positions conduct administrative hearings in person and via webcam for driver's license revocations, driver's license restorations and ignition interlock violations. These positions hear motions, take testimony, review, and analyze all evidence and render a fair and impartial decision based on the evidence presented. In the hearing process, a petitioner that has been denied a service or privilege license is allowed to present an argument against the Division's action. In an impartial manner, this position is required to conduct the administrative hearing as a quasi 'legal proceeding' that will result in a decision to affirm, modify or set aside a previous action imposed by the Division. The Hearing Officer is also required to resolve a variety of driver customer problems that do not warrant a hearing and evaluate requests for in-state hearings from North Carolina residents, attorneys, etc. concerning reinstatements. Knowledge Skills and Abilities/Management Preferences 50%

• Conduct Administrative Hearings a) The Hearing Officer conducts impartial hearings concerning suspensions or revocations of North Carolina driving privileges.

The Hearing Officer must evaluate driving records; research data from other state's DMVs, analyze statewide court and criminal record, and determine eligibility. The Hearing Officer must also be able to evaluate the credibility of petitioners and witnesses by their testimonies. In addition, the Hearing Officer must be able to use discretion to make concrete decisions to reinstate or deny driving privileges based on General Statutes b) In conducting an administrative hearing, the Hearing Officer must be able to: 1. Hear and rule on motions 2. Grant or deny continuances 3. Issue orders regarding pre-hearing matters, including directing the appearance of the parties at a pre-hearing conference 4. Examine witnesses when deemed necessary to make a complete record and to aid in the full development of material facts in the case 5. Make preliminary, interlocutory, or other orders as deemed appropriate 6. Recommend a summary disposition of the case or any part thereof when there is no genuine issue as to any material fact or recommend dismissal when the case or any part thereof had become moot or for any other reason 7. Administer oaths 8. Sign and issue subpoenas in the name of the Commissioner of Motor Vehicles requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence 9. Provide for the taking of testimony by deposition 10. Regulate the course of the hearings, including discovery, set the time and place for continued hearings, and set the time for filing of briefs and other documents 11. Direct parties to appear and to consider the facts of the issues by consent of the parties 12. Determine whether the hearing should be recorded in writing or by an electronic device 13. Receive in evidence and rule as to the admissibility of such evidence in accordance with the Rules of Evidence that may be offered for the corroboration of testimony and the record 14. Determine that a rule as applied in a particular case is void because (1) it is not within the statutory authority of the agency, (2) is not clear to persons it is intended to direct, guide, or assist, or (3) is not reasonably necessary to enable the agency to perform a function assigned to it by statute or to enable or facilitate the implementation of a program or policy in aid of which the rule was adopted. 15. In each case the administrative hearing officer shall make a recommended decision or order that contain findings of fact and conclusions of law 16. In certain cases, after hearing the contested case and prior to issuing a recommended decision, the hearing officer shall give each party an opportunity to file proposed findings of fact and to present written arguments to him/her. 17. If a party fails to appear at a hearing or fails to comply with an interlocutory order of the Division, the Hearing Officer may: i. Find that the allegation of or the issues set out in the notice of hearing or other pleadings may be taken as true or deemed proved without further evidence; ii. Dismiss or grant the motion or petition; iii. Suppress a claim or defense; iv. Exclude evidence; 18. In the event that any party or attorney at law or other representatives of a party engages in behavior that obstructs the orderly conduct of proceedings or would constitute contempt if done in the General Court of Justice, the administrative hearing officer presiding enters a Show Cause Order returnable in Superior Court for contempt proceedings. 19. Ensure the integrity of all hearing documentation by maintaining records and files in accordance with established DMV records procedure and the Public c) In all cases, the hearing officer must be prepared to review extensive documentation before and throughout the term of the case. In addition to complicated complaints and counter complaints that initiate the civil process, these cases sometimes present the hearing officer with a series of pre-hearing motions that often require considerable legal research into state and federal case laws. d) The DMV Hearing Officer is responsible for hearing types as allowed by North Carolina General Statutes, Chapter 20, Articles 2 and 3. The Hearing Officer must establish and maintain a good working knowledge of various statutes/laws as well as administrative rules and procedures. The supermajority types of hearings are described below and impact the Division's driver customer base. 1) Violation of Alcohol Concentration Restriction Hearings

• The mandatory revocation is entered onto the driving record upon receipt of a properly executed affidavit from the Charging Officer that the person has been charged with driving a motor vehicle with a blood alcohol content in excess of the Alcohol Concentration Restriction on the NC driver license. 2) Violation of Ignition Interlock Restriction Hearings
• The mandatory revocation is entered onto the driving record upon receipt of a properly executed affidavit from the Charging Officer that the person has been charged with driving a motor vehicle without a functioning ignition interlock device or did not personally activate the ignition interlock device as required by

GS 20-17.8. 3

) Refusal to Submit to a Chemical Analysis Hearings

• The mandatory revocation is entered onto the driving record upon receipt of a properly executed affidavit from the Charging Officer that the person has been charged with an implied-consent offense and has refused to submit to a chemical analysis of breath or blood. 4) Driving While Impaired Restoration Hearings
• Upon receipt of 2 convictions of driving while impaired, or 3 or more convictions of driving while impaired or felony driving while impaired, the customer is afforded an administrative hearing after 2 or 3 years of the mandatory 4 year revocation or permanent revocation have elapsed. 5) Driving While License Revoked/Moving Violations while Revoked Hearings
• Upon receipt of 2 convictions of driving while license revoked/moving violations while revoked, or 3 or more convictions of driving while license revoked/moving violations while revoked, the customer is afforded an administrative hearing after 1or 3 years of the mandatory 2 year revocation or permanent revocation have elapsed. 6) Compliance Hearings
• Upon receipt of alleged violations of the

DWI/DWLR

Conditional restoration, the Hearing Officer will schedule a Compliance Hearing. 7) Hearings

• Upon receipt of a request by the customer, a hearing is scheduled for applicable suspensions other than those already referenced. 8) Preliminary Hearings
• Upon receipt of convictions, which cause suspensions for which a preliminary hearing is allowed, the pending suspension is rescinded pending the outcome of the preliminary hearing.25%
• Findings of Facts and Decision Writing a) At the conclusion of the hearing, the hearing officer must make an impartial decision based on the Finding of Facts and Conclusion of Law.

The decision must be in writing and must list, the affected parties; a jurisdictional explanation; a statement of the issues presented; the Findings of Fact; the Conclusions of Law; Opinion or Decision and the Order or Award. b) In communicating the hearing decision, the Hearing Officer is required to: 1) identify the evidence relied upon for the decision 2) explain why contrary evidence (if any) was rejected 3) state the rational connection between the facts found and the choices made 4) state the mandatory issues 5) clearly state the specific findings and conclusions with regard to the issue based on law 6) explain what evidence was not relied upon and why25%

• Research and Interpret Laws a) The DMV Hearing Officer must review and analyze all documented evidence and arguments and render a fair and impartial decision.

The Hearing Officer's decision is determined on the basis of the facts established during the hearing, collateral evidence obtained from consultants which clarifies legal, medical or jurisdictional issues, and the research of applicable policies and procedures. b) The Hearing Officer must also refer to the latest North Carolina General Statutes and North Carolina Administrative Code, and weigh the validity of the information presented. Minimum Education and Experience Some state job postings say you can qualify by an "equivalent combination of education and experience." If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details. Bachelor's degree from an appropriately accredited institution and two (2) years of experience related to the area of assignment; or an equivalent combination of training and experience. EEO Statement The State of North Carolina is an Equal Employment Opportunity Employer and dedicated to providing employees with a work environment free from all forms of unlawful employment discrimination, harassment, or retaliation. The state provides reasonable accommodation to employees and applicants with disabilities; known limitations related to pregnancy, childbirth, or related medical conditions; and for religious beliefs, observances, and practices.

Recruiter:

Andriette Dana Clifton Email:

DOT-WorkdayJobRecruitment@ncdot.gov North Carolina State Government is one of the state's largest employers, with over 76,000 employees all working toward a common goal: a safer and stronger North Carolina. We are a large organization comprised of various agencies, offices, and universities, each providing important public services. Eligible state employees are entitled to comprehensive benefits, including a variety of leave options, professional development opportunities, insurance, and more. To learn more about the benefits of being a North Carolina state employee, visit the N.C. Office of State Human Resources' website. Permanent, temporary, and time-limited state government jobs can be found from the mountains to the coast. Find your next opportunity today! State Application Resources/Frequently Asked Questions Valuing Education and Experience The State of North Carolina values the knowledge and experience of our jobseekers and current state employees. Approximately 91 percent of state job classifications allow experience to be substituted for education or do not require a post-secondary degree. Learn more about how you may qualify for a position through education or directly related experience, or a combination of both, with the Education and Experience Equivalency Guide. All job postings close at 11:59pm the night before the End Date on the posting. Introduce yourself to our recruiters and we'll get in touch if there's a role that seems like a good match. If you are already a state employee, please search for jobs by clicking here.