A hearing examiner usually works for a government agency and oversees and decides on legal cases, most of which are administrative in nature. Hearing examiners work in a wide range of settings, from small town governments to national and international governmental organizations. Depending on the needs of the organization, qualifications can range from an undergraduate degree in legal studies to a practicing attorney. The hearing examiner’s responsibilities include conducting investigations, weighing evidence, conducting legal research, and explaining his or her decisions. Supervisory responsibilities, legal statute analysis, and being called upon to make recommendations for changes to current law may all be part of the job description.
First and foremost, a hearing examiner is responsible for ensuring that all parties involved receive due process throughout the proceedings. This includes maintaining confidentiality, preserving evidence, and applying legal statutes fairly and efficiently to all participants, all while avoiding participation in hearings in which he or she has a personal stake or interest. Furthermore, the hearing examiner is frequently expected to follow all applicable legal statutes when conducting an administrative hearing. In all actions in which the examiner is involved, the examiner is expected to demonstrate ethical behavior both professionally and personally. The examiner is also responsible for informing all parties involved of their rights and responsibilities regarding the hearing process as part of ensuring due process.
Although the hearing examiner’s responsibilities vary depending on the type of organization he or she represents, many of them are quite similar, with the exception that they are carried out in accordance with the legal statutes that fall under his or her jurisdiction. A traffic hearing examiner, for example, may preside over administrative hearings involving traffic offenses, whereas a human rights examiner may deal with complex cases involving multiple jurisdictions on an international level. Although the requirements for the position vary widely, experience dealing with legal statutes as they apply to the position is usually required.
The majority of hearings conducted a hearing examiner do not result in decisions being made at the time of the hearing. The typical course of the process entails listening to the testimony, examining the available evidence, and conducting any necessary investigations into the matter at hand. After that, the examiner will think about the case, conduct all necessary legal research, and reach a conclusion or make a recommendation, as needed. He or she will write a report containing the conclusion or recommendations, citing all relevant facts, findings, and applicable legal statutes.