Unemployment Insurance Hearing Representative

Please be advised that effective December 1, 2021 the New York State Department of Civil Service will have a mandatory COVID-19 vaccination/testing policy for in-person examinations administered at a New York State test center. For more information, you can access the full policy on the Department of Civil Service website.

If you previously applied for this examination scheduled for April 25, 2020, which was postponed, you do NOT need to reapply. Your application will be reviewed to determine if you meet the qualifications to take the examination. Additional information will be sent to previous applicants via email.

Due to current testing space limitations, candidates may need to travel to one of the following test sites to take this examination: Albany, Buffalo, Nyack, Port Jefferson, Poughkeepsie, Syracuse, and an additional downstate location. Candidates will be notified of their test site location on their admission notice.

Promotion examination open to all qualified employees of the New York State Department of Labor.

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Minimum Qualifications

On or before January 22, 2022,* you must be a qualified employee of the New York State Department of Labor and have had:

For No. 38-589:

Either 1: three months of permanent competitive or 55-b/55-c service as an Investigative Officer 1, Investigative Officer 1 (various language parenthetics), Labor Standards Investigator, Labor Standards Investigator (various language parenthetics), Labor Services Representative, Labor Services Representative (various language parenthetics), Labor Services Representative (Local Veteran?s Employment Representative), Labor Services Representative Trainee 2, Labor Services Representative Trainee 2 (various language parenthetics), Labor Services Representative Trainee 2 (Local Veteran?s Employment Representative), Labor Services Representative Trainee 1, Labor Services Representative Trainee 1 (various language parenthetics), Labor Services Representative Trainee 1 (Local Veteran?s Employment Representative), Unemployment Insurance Investigator, Unemployment Insurance Investigator (Spanish Language), or Unemployment Insurance Reviewing Examiner;

Or 2: three months of non-competitive service as a Labor Services Representative (Disabled Veterans Outreach), Labor Services Representative Trainee 1 (Disabled Veterans Outreach), Labor Services Representative Trainee 2, (Disabled Veterans Outreach), or Labor Services Representative Trainee 3 (Disabled Veterans Outreach).

For No. 38-590: three months of permanent competitive or 55-b/55-c service as a Senior Unemployment Insurance Hearing Representative.

Only the title or titles listed are qualifying.

If you were permanently appointed to a qualifying title on or before October 22, 2021,* and have served continuously in this title since that date, you are eligible to file for this examination.

Qualifying Experience for Appointment from the Eligible List

For No. 38-589: After one year of service as an Investigative Officer 1, Investigative Officer 1 (various language parenthetics), Labor Standards Investigator, Labor Standards Investigator (various Language parenthetics) Labor Services Representative, Labor Services Representative (various language parenthetics), Labor Services Representative (Local Veteran?s Employment Representative), Unemployment Insurance Investigator, Unemployment Insurance Investigator (Spanish Language), or Unemployment Insurance Reviewing Examiner, successful candidates will be qualified for appointment from the eligible list.

For No. 38-590: After one year of the service described in the Minimum Qualifications, successful candidates will be qualified for appointment from the eligible list.

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Duties

As a Senior Unemployment Insurance Hearing Representative, under the supervision of an Associate Unemployment Insurance Hearing Representative, you would review contested determinations made by Unemployment Insurance offices; analyze and apply pertinent Appeal Board and Court decisions, administrative interpretations, and Federal and State statutes; determine necessary witnesses, interview them and ensure their attendance at hearings; present selected benefit cases and employer liability cases before an Unemployment Insurance Referee as a representative of the Commissioner of Labor; examine witnesses and present evidence at hearings; withdraw or modify determinations when warranted by additional evidence presented at hearing; analyze Referee decisions to determine the effect on Division policies and procedures; and make recommendations concerning the advisability of appeal against adverse decisions.

As an Associate Unemployment Insurance Hearing Representative, under the supervision of a Supervising Unemployment Insurance Hearing Representative, you would supervise Senior Unemployment Insurance Hearing Representatives and review contested determinations made by Unemployment Insurance offices. You would review, prepare and represent the Commissioner at Unemployment Insurance Administrative Law hearings; give technical advice, assistance and training to subordinate staff; ensure staff compliance with agency policies, procedures and standards; review Referee decisions; work with the Referee Section to schedule hearings; and analyze staff recommendations for appeal of Referee decisions to determine need for possible appeal.

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Subject of Examination

There will be a written test which you must pass in order to be considered for appointment. The written test is designed to test for knowledge, skills, and/or abilities in such areas as:	For Examination Nos.
	38-589	38-590
1. Unemployment Insurance Law, Rules, Regulations, and Case Law for Hearing Representatives - These questions test for knowledge of federal and New York State Unemployment Insurance laws, rules, regulations, and policies as they relate to general benefit administration principles, practices, concepts, and issues. Questions pertaining to case law test for knowledge of current and/or precedent-setting trends in the field of Unemployment Insurance case law, from in-house administrative adjudication through the decisions of the higher state courts. Memorization of specific case citations and decisions is not necessary for successful performance on these questions.	X	X
2. Preparing reports and official documents - These questions test for the ability to prepare reports and other official documents for use with and among governmental agencies, in legal or regulatory settings, or for dissemination to the public. Some questions test for a knowledge of grammar, usage, punctuation, and sentence structure. Others test for the ability to present information clearly and accurately, to use the proper tone, and to organize paragraphs logically and comprehensibly.	X	X
3. Evaluating conclusions in light of known facts - These questions will consist of a set of facts and a conclusion. You must decide if the conclusion is proved by the facts, disproved by the facts or if the facts are not sufficient to prove or disprove the conclusion. The questions will not be specific to a particular field.	X	X
4. Legal terminology related to unemployment insurance matters - These questions test for the ability to define legal terms pertaining to Unemployment Insurance Law. The questions cover such areas as simple definitions, examples of terminology, and the use of this terminology within documents and forms related to Unemployment Insurance Law.	X
5. Supervision and training - These questions test for the knowledge required by a supervisor to set goals, plan and organize work, train workers in how to do their jobs, and direct workers towards meeting established goals. The supervisory questions cover such areas as assigning and reviewing work, evaluating performance, maintaining work quality, motivating employees, increasing efficiency, and dealing with problems that may arise on the job. The training questions cover such areas as determining the necessity for training, selecting appropriate training methods, and evaluating the effectiveness of training.		X
6. Principles and practices of administrative law hearings pertaining to unemployment insurance - These questions test for knowledge of the principles, practices, and procedures used in administrative law hearings pertaining to unemployment insurance. The questions cover such areas as rules of evidence, due process, right to representation, disclosure, and statutes.		X

If you pass, your seniority credit(s), if any, will be included in the computation of your final score. Your final score on the eligible list will be determined after adding any wartime Veterans' credits.

Credit for Seniority

Seniority is credited at the rate of one credit for each five-year period (or fraction thereof), excluding the first year of service.

Note: The Department of Civil Service may administer tests either online or with paper booklets and answer sheets. Online tests may be administered using Remote Proctoring. The announcement will indicate if remote proctoring is being offered. Information on remote proctoring is available on our website at:www.cs.ny.gov/testing/remote-proctoring.cfm.

Admission to the Test: If approved, you will receive an admission notice which will indicate your assigned test date and the way your test will be administered. Your test may be administered with paper and pencil, online at a state test site using a State-provided Chromebook, or online at home on your personal equipment using Remote Proctoring Software. You cannot request to change your scheduled day or request a specific type of test administration.

Applicants are required to have a Personal NY.gov account and keep their email address up to date. The Department of Civil Service and other state agencies will communicate with you through email correspondence. This may include the notification of your test arrangements, examination results, and canvassing you for interest in appointment. It will be important for you to keep your email address, phone number, and mailing address current by logging into https://www.cs.ny.gov/home/myaccount.

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How To Apply

Important: Unless waived, you must pay the non-refundable processing fee. For information on fee waivers, visit https://www.cs.ny.gov/examannouncements/types/oc/appinfo.cfm##Fee. Any past due application processing fees must be paid in full prior to submitting an application. Please email FeeUnitMail@cs.ny.gov regarding inquiries about any past due fee. It is important that you verify that you entered the correct examination number and title on your online or paper application prior to submitting. If you apply online, you should immediately review your email confirmation notice to verify that you applied for the correct examination.

Additional Information

New York State is an Equal Opportunity Employer

It is the policy of the State of New York to provide for and promote equal opportunity employment, compensation, and other terms and conditions of employment without unlawful discrimination on the basis of age, race, color, religion, disability, national origin, gender, sexual orientation, veteran or military service member status, marital status, domestic violence victim status, genetic predisposition or carrier status, arrest and/or criminal conviction record, or any other category protected by law, unless based upon a bona fide occupational qualification or other exception.

Religious Accommodation

Most written tests are held on Saturdays. If you cannot take the test on the announced test date, due to a conflict with a religious observance or practice, check the box under “Religious Accommodation.” We will make arrangements for you to take the test on a different date (usually the following day).

Reasonable Accommodations in Testing

It is the policy of the Department of Civil Service, in accordance with the New York State Human Rights Law and the Americans with Disabilities Act, to provide qualified persons with disabilities equal employment opportunity and equal opportunity to participate in and receive the benefits, services, programs, and activities of the Department. It is the policy of the Department to provide such persons reasonable accommodations and reasonable modifications as are necessary to provide equal opportunity. Persons with disabilities who require an accommodation to participate in an examination must note this on their application. Further information is available from the Test Administration Unit of the Department of Civil Service. In the Albany area, call 518-457-2487. Outside of the Albany area, call toll free at 1-877-697-5627. For TDD services, call NY Relay at 711 (requires a fee) or 1-800-662-1220.

Other Accommodation

Individuals who apply to take an in-person Civil Service examination and who wish to request an exemption to the Department's COVID-19 vaccination/testing policy due to a medical reason or sincerely held religious belief, practice, or observance, must check the box on the application under "Other Accommodations" and will be required to provide appropriate documentation. Candidates granted an exemption will be offered the opportunity to take the examination via Remote Proctoring - a secure, web-based test delivery method that uses professional test proctors and technology to monitor applicants using a web camera as they complete an examination.

Admission to Examination

Notice to appear for the test may be conditional as review of applications may not be made until after the test. If you have not received your notice to appear for the written test three days before the date of the test, email us at AdmissionNotices@cs.ny.gov. Please provide your first and last name, address, and the last four digits of your social security number, and we will provide you with the information you need to attend your written test. If you have an issue other than not receiving your admission notice, please contact our office at (518) 474-6470 in the Albany area or toll free at 1-877-697-5627. Please leave a clear concise message and provide your first and last name, last four digits of your social security number and a daytime phone number.

Taking State and Local Examinations Scheduled for the Same Day

If you have applied to take a written test announced by either one or several local jurisdictions (county, town, city) scheduled to be held on the same test date as this written test, you must notify each of the local jurisdictions no later than two weeks before the test date to make arrangements for taking all tests at one test site. All tests will be held at the state examination center. For your convenience, contact information for all local civil service agencies is available on our website at: https://www.cs.ny.gov/jobseeker/local.cfm.

Eligibility for Examination

To be considered a qualified employee eligible to compete in this examination, you must be employed in, or on leave from, the specified department or agency on a permanent or contingent permanent basis in the competitive class, or in the non-competitive class or labor class if specifically noted on this announcement (or be on an appropriate preferred list), and have the specified time in the specified title or salary grade. You may not compete in a test for a title if you are permanently employed in that title (unless you are still on probation) or in a higher direct line of promotion.

Cell Phones or Electronic/Communication Devices at the Test Site

The use of cell phones, beepers, headphones, or any electronic or other communication devices at your personal testing site or in the test room, hallways, restrooms, building, grounds, or other areas, except as expressly authorized by the Department of Civil Service, could result in your disqualification.

S2/TC1 DAA-tlm
Ressued: 11/17/21
*Revised Material:11/17/21

This announcement is subject to amendment or cancellation without notice. Do not copy it, or post it to any other site, but link to it instead.

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