Hearing Officer

4 months ago

Newmarket, Canada York Region Full time

The Regional Municipality of York is seeking up to 10 qualified individuals to perform the role of Hearing Officer for its Administrative Penalty Tribunal. The Tribunal is responsible for making well-reasoned decisions concerning administrative penalty orders issued based on camera-based evidence for speeding and red-light infractions under the Highway Traffic Act and, in the future, for other contraventions of municipal bylaws.

**Duties**:
Hearing Officers will be expected to conduct written and oral hearings virtually or by phone of appeals on an as-needed basis. Appeals will be scheduled to manage volume and provide for efficiency. Hearing Officers are expected to spend 1 to 4 days per month conducting hearings, writing decisions, and performing the administrative tasks associated with the hearing process. Individuals will be appointed for a two-year term.

York Region's Administrative Penalty Tribunal provides two levels of appeal for those receiving penalty orders:
1. An initial hearing by a screening officer, if requested.

2. A hearing conducted by an independent hearing officer, if requested.

**Responsibilities**:
Hearing Officers will be required to conduct fair hearings in accordance with the Tribunal’s Rules of Procedures and have the following responsibilities:

- Conduct themselves in an independent and impartial manner free from outside influence
- Conduct written or oral (virtual or by phone) hearings as a sole decision-maker for the Administrative Tribunal including exercising the powers of decision for appeals of screening officer decisions relating to appeals of administrative penalty orders issued pursuant to the Highway Traffic Act and municipal bylaws
- Confirm, vary, or set aside the penalty decisions made by Screening Officers that have been appealed
- Issue timely and well-written decisions exercising the decision-making powers provided by municipal bylaws
- Participate in such training and administrative meetings as required to carry out the role

Hearings will be conducted on an as-needed basis and Hearings Officers must be prepared to accommodate flexible scheduling and conduct hearings on 1 to 4 days per month.

The assignment of appeals to Hearing Officers will be determined by Tribunal staff based on the Hearing Officers availability, legislated timelines for hearing appeals and the volume of appeal hearings required.

Qualifications:

- Be of good character
- Ability to act impartially and maintain impartiality
- Formal post-secondary education in Law Enforcement, Regulatory Law, Public Administration, Paralegal or related field and/or have an equivalent combination of education and experience
- Demonstrated knowledge and experience in adjudicative processes, including hearings for administrative tribunals
- Knowledge of and experience in the practice of administrative law, alternative dispute resolution, mediation, adjudication and decision-making
- Demonstrated respect for diversity and inclusivity in maintaining a fair and transparent process for all persons
- Excellent communication skills (verbal, written, and presentation), with the ability to formulate reasoned decisions and communicate them clearly and effectively
- Highly effective leadership, facilitation, and organizational abilities
- Ability to deal courteously and effectively with staff, stakeholders, consultants, and the public
- Good organizational, time management and interpersonal skills
- Knowledge of and experience in the use of technology in the performance of work duties, including virtual conferencing technology
- Demonstrated knowledge in the use of computer software including Microsoft Office Suite (Outlook, Word and Teams)
- Committed to ongoing professional development to enhance expertise and remain current in the field
- Satisfactory Police background check

Membership in the Society of Ontario Adjudicators and Regulators (SOAR) and/or the Law Society of Ontario (LSO) is preferred

Eligibility Requirements

To be appointed as Hearing Officer, the individual must be independent of The Regional Municipality of York and free from conflicts of interest. The Hearing Officer provides an independent review of the decisions made by a Screening Officer.

The Hearing Officer is an adjudicator appointed by the Region. The Hearing Officer shall not be:
1. a Regional Council Member;
2. a Relative of a Regional Council Member;
3. an employee of the Region; or

4. a person indebted to the Region for failure to pay administrative penalties or fines pursuant to one, all or a combination of the Municipal Act, 2001 (or a bylaw passed pursuant to the Act), Highway Traffic Act or Provincial Offences Act.

Remuneration:
Compensation will be provided on a per-diem basis at the rate of $600 (or $300 for half days) in accordance with Region policy for Hearing Officer remuneration.

The terms of these services will be formalized through an acknowledgment signed by both the appointee and York Region.

**Job Types**: Full

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