Board Member, Departmental Appeals Board

Full Job Description

The HHS Departmental Appeals Board adjudicates complex administrative appeals involving federal programs.

Board Members serve as Administrative Judges, issuing final decisions in three-member panels on funding disputes, civil remedies, and enforcement actions; reviewing ALJ decisions; managing hearings and records; and interpreting statutes and regulations.

Cases often involve significant financial impact and establish national precedent, with most decisions final on behalf of the Secretary. Open to U.S. Citizens and Status Candidates.

MINIMUM QUALIFICATIONS: Applicants must have at least ten (10) years of experience as a licensed attorney preparing for, participating in, and/or reviewing formal hearings or trials involving litigation and/or administrative law at the Federal, State, or local level.

Formal hearings are defined as proceedings conducted on the record under procedures at least as formal as those prescribed by the Administrative Procedure Act (5 U.S.C. §§ 553-559).

In addition, applicants must have experience performing work at or above the GS-15 level, or equivalent, in the Federal government, State or local government, private sector, or a non-governmental organization.

Must possess J.D. or LL. B degree. Active Membership or admission to the bar is required.

TECHNICAL QUALIFICATIONS (TQ's): This position requires that you possess TQ's that represent knowledge, skills, and abilities essential for success in this role.

The following TQ's must be evident in your resume.

Demonstrated experience in appellate or adversarial litigation as adjudicator, counsel, or adviser, including evidence of ability to display judicial temperament in interacting with parties, witnesses, and counsel.

Demonstrated ability to quickly and effectively master complex, diverse, and changing areas of law, building on existing familiarity with administrative law generally.

Excellence in legal writing involving complex legal issues, particularly interpretation and application of statutory or regulatory language.

Demonstrated team-building and leadership skills in professional settings, particularly in building consensus on difficult topics, in working cooperatively with peers, and in mentoring and developing attorneys.

A separate narrative statement is not required--this information should be embedded within the resume. Major Duties:

Serves as a Board Member of the Departmental Appeals Board, exercising delegated authority from the Secretary to issue final administrative decisions in a wide range of complex appeals involving federal programs, including grant disputes, civil remedies, provider sanctions, scientific misconduct, and civil rights matters.

Conducts de novo review (e.g., disallowances in discretionary and mandatory grant programs) and appellate review of certain Administrative Law Judge decisions (e.g., fraud, abuse, and non-compliance determinations; Medicare provider/supplier enrollment and revocation determinations; and civil money penalties).

Reviews extensive administrative records; analyzes complex statutory, regulatory, and evidentiary issues; and develops well-reasoned written decisions with significant financial and national impact.

Decisions are issued by three-member panels, with one Member designated as the Presiding Board Member and two Members contributing to consensus-based decision-making.

Manages all aspects of the adjudicatory process, including establishing procedures, ruling on motions, conducting hearings when assigned, and ensuring timely and thorough case resolution.

Analyzes and resolves complex legal and factual issues, including interpretation of statutes, regulations, and Departmental and Board precedent.

Applies highly technical program requirements and contributes to the development of new precedent in evolving areas of law.

Collaborates with panel members and staff attorneys to ensure high-quality, legally sound decisions; reviews and provides input on draft decisions and rulings; and provides guidance and mentorship to legal staff.

Maintains subject-matter expertise across HHS programs and legal frameworks, contributes to procedural and operational improvements, and adjudicates specialized or interagency cases in support of the Board's mission of impartial and independent review.