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State of MichiganCivil Service CommissionPosition Code1. LGLSECEB33RCapitol Commons Center, P.O. Box 30002Lansing, MI 48909POSITION DESCRIPTIONThis position description serves as the official classification document of record for this position. Please complete the information as accurately as you can as the position description is used to determine the proper classification of the position.2. Employee's Name (Last, First, M.I.)8. Department/AgencyLEO-LABOR AND ECON OPPORTUNITY (LEO)3. Employee Identification Number9. Bureau (Institution, Board, or Commission)Michigan Occupational Safety and Health Administration (MIOSHA)4. Civil Service Position Code Description10. DivisionLegal Secretary-EAppeals5. Working Title (What the agency calls the position)11. SectionLegal Secretary 7-E8 - Board Clerk6. Name and Position Code Description of Direct Supervisor12. UnitJACK, DAWN C; STATE ADMINISTRATIVE MANAGER 157. Name and Position Code Description of Second Level Supervisor13. Work Location (City and Address)/Hours of WorkPICKELMAN, BARTON G; STATE BUREAU ADMINISTRATOR 18530 W. Allegan Street, Lansing, MI 489338:00 am - 5:00 pm, Monday - Friday14. General Summary of Function/Purpose of PositionTo service the Board of Health and Safety Compliance and Appeals (BHSCA) as the Board Clerk in order to maintain the BHSCA’s files and docket system, coordinates the scheduling of board meetings and board-ordered legal proceedings. This position will provide a variety of legal administrative support functions including scheduling pre-hearing conferences, preparing, proofreading, and formatting legal documents, forms, and correspondence; answering the phone, contacting parties, attorneys, or courts; production of records, and routine copying, scanning, filing, and data entry. This position will also serve in a supplemental or back-up capacity to the Michigan Occupational Safety and Health Administration (MIOSHA) Appeals Division Secretary.? As back-up to the MIOSHA Appeals Division Secretary, this position will provide a variety of administrative support duties for the MIOSHA Appeals Division as needed, including typing letters, forms, memos, settlement agreements, motions, answering the phone; routine copying and filing.15. Please describe the assigned duties, percent of time spent performing each duty, and what is done to complete each duty.List the duties from most important to least important. The total percentage of all duties performed must equal 100 percent.Duty 1General Summary:Percentage:30Coordinate and manage the Board of Health and Safety Compliance and Appeals late appeal docket. Individual tasks related to the duty:Date-stamp and log-in appeals received by the Board from the MIOSHA enforcement divisions into database. Determine Board jurisdiction along with timeliness of appeal.Process cases for docketing track based on determination of whether the case was "timely filed" or "late.” Create and maintain untimely filed Board case files. Type official address records for future Proof of Service documents. Draft transmittal memo and send late docket case files to the Michigan Office of Administrative Hearings and Rules to initiate show cause proceedings.Send MIOSHA Fact Sheet explaining late appeal process to late-filing party.Receive and docket Orders from Administrative Law Judge (ALJ) related to show cause proceeding outcome. Receive case file back from Michigan Office of Administrative Hearings and Rules and file accordingly.Receive and docket any party exceptions to the Administrative Law Judge’s show cause ruling. Determine the exceptions filing’s timeliness and compliance with the Board’s Administrative Rules; distribute compliant filings to Board members and parties. Draft and mail correspondence to filing party when noncompliant. Compile ALJ late appeal orders bi-monthly and make copies for submission to board membership for review.Draft transmittal memos, distribute to board members, and serve parties.Process any direction for review requests from board members and notify parties if a direction for review is received. Enter directions for review in log.Distribute additional case materials to board members or board’s legal advisor upon request.Proofread and format any formal Opinions drafted by the Board’s legal advisor following a member’s direction for review. Type Final Orders and Notices of Final Orders of the BHSCA issued on late appeal cases and serve parties.Re-docket late appeal onto timely appeal docket for additional proceedings when authorized by the Board. Log closure or re-docketing of BHSCA files in database and stores in accordance with State of Michigan retention requirements.Duty 2General Summary:Percentage:30Coordinate and manage the Board of Health and Safety Compliance and Appeals timely appeal docket.Individual tasks related to the duty:Date-stamp and log-in appeals received by the Board from the MIOSHA enforcement divisions. Determine Board jurisdiction along with timeliness of appeal.Create and maintain timely filed Board case files. Coordinate with MIOSHA Appeals Division to schedule pre-hearing conferences for timely-filed cases. Type Pre-hearing notices and serve all parties.Maintain pre-hearing docket calendar for BHSCA.Receive and docket pre-hearing adjournment requests; determine whether to grant/deny on behalf of the BHSCA; draft and issue the appropriate BHSCA order.Receive, docket, and process Settlement Agreements received from the parties for BHSCA review and approval; prepare proposed Orders Approving Settlement Agreements.Receive, docket, and process requests to schedule cases for administrative hearings; type Request for Hearing Form and submit BHSCA files to Michigan Office of Administrative Hearings and Rules for administrative hearing.Receive ALJ report and BHSCA file from Michigan Office of Administrative Hearings and Rules and docket pile ALJ orders and Proposed Orders Approving Settlement Agreements bi-monthly and make copies for submission to board membership for review.Draft transmittal memos, distribute memo and ALJ reports and Proposed Orders to board members, and serve parties.Notify parties of cases directed for review and enter in log.Proofread and format formal Opinions drafted by the board’s legal advisor.Draft Final Orders and Notices of Final Orders for BHSCA timely filed cases and serve parties. Log closure of BHSCA files and store in accordance with State of Michigan retention requirements.Duty 3General Summary:Percentage:15Assist Board members and Board’s Legal Advisor in general legal, administrative and management support activities.??Individual tasks related to the duty:Prepare appropriate documentation and orders for Motions for Pro Hac Vice when requested by out of state counsel.? Compose routine correspondence.Meet and escort parties for pre-hearing conference meeting rooms.Answer phone for BHSCA and answer general inquiries regarding board cases, policies, procedures.Draft and format BHSCA information and materials such as member lists, board descriptions, new member and departing member instruction packets, training materials, etc. Distribute New Member Packets to newly appointed board members and collect materials from departing members.Finalize draft administrative rules related to the Board and its proceedings for promulgation to the MIOSHA Standards and FOIA section upon direction by board. Perform the search, retrieval, review, and production of BHSCA case files and records under FOIA, subpoenas, and court orders.Maintain and update Board Clerk Procedures Manual.Monitor information maintained on MIOSHA and State of Michigan Boards & Commissions web pages or contained in external State of Michigan or MIOSHA publications for accuracy and update when necessary.Schedule board meeting dates, reserve meeting spaces, and publish meeting notices in accordance with Michigan Open Meetings Act.Prepare, copy and distribute meeting agendas and materials, set up room for Board meetings. And escort meeting participants when held in secure locations.Administer recording device during board meetings and draft/transcribe minutes for board review and approval.Maintain voting records of board member actions.Collect and process member expense reimbursement reports. Notify Governor’s Appointments Office of new or anticipated board member vacancies.Serve as a liaison between the MIOSHA Appeals Division staff and BHSCA regarding MIOSHA policy and procedural questions or changes which may impact the board’s operations.Duty 4General Summary:Percentage:5Prepare BHSCA case for submission upon appeal to a state circuit court in accordance with court rules and requirements.Individual tasks related to the duty:Create docket history, certification of record, proof of service documents in accordance with court rulesDraft letter to the court clerk and complete mailing of case materials to the circuit court. Contact court or review court docket records to monitor status of files under appellate review.Obtain copies of appellate court decisions.Process BHSCA file for closure and storage retention.Duty 5General Summary:Percentage:10Run BHSCA docket report and drafts bimonthly and annual statistical reports on Board activity.Individual tasks related to the duty:Compile quarterly report figures for cases received, scheduled, and pile quarterly figures for number of Administrative Law Judge reports issued, number of exceptions filed, and number of final orders issued.?Duty 6General Summary:Percentage:10Assist MIOSHA Appeals Division staff, training, and other duties as assigned.Individual tasks related to the duty:Provide auxiliary coverage of Appeals Division phone line.Provide auxiliary coverage of Appeals Division Secretary duties such as filing, copying, scanning, docketing, and drafting of non-complex settlement agreements, correspondence, legal pleadings, and reports.Attend training related to coverage of Appeals Division work assignments.Conduct training on board policies and procedures. Other duties as assigned by the Appeals Division Director. 16. Describe the types of decisions made independently in this position and tell who or what is affected by those decisions. Establish and modify procedures for administrative board clerk functions based upon knowledge of the operational needs and requirements.? Establishes guidelines that allow the BHSCA to function effectively.17. Describe the types of decisions that require the supervisor’s review. Preparation or modification of complex, nonroutine orders, administrative rules, and responses to subpoenas or FOIA requests on behalf of the BHSCA. ?Information to be included in MIOSHA files, settlement agreements, motions, briefs, or exhibits when performing nonroutine duties to assist the MIOSHA Appeals Division.18. What kind of physical effort is used to perform this job? What environmental conditions in this position physically exposed to on the job? Indicate the amount of time and intensity of each activity and condition. Refer to puter data entry (several hours per day), lifting under 25 pounds (intermittently for short periods each day), bending and standing (intermittently for short periods daily), occasional pushing under 50 pounds (intermittently for short periods on bi-monthly basis), walking (intermittently for short periods daily), and sitting (several hours per day). This position works in a traditional cubicle office environment with occasional travel to attend board and agency meetings, conferences, or training opportunities. Assignments must be completed on an independent basis with minimal direction.19. List the names and position code descriptions of each classified employee whom this position immediately supervises or oversees on a full-time, on-going basis.Additional Subordinates20. This position’s responsibilities for the above-listed employees includes the following (check as many as apply):NComplete and sign service ratings.NAssign work.NProvide formal written counseling.NApprove work.NNApprove leave requests.Review work.NApprove time and attendance.NProvide guidance on work methods.NOrally reprimand.NTrain employees in the work.22. Do you agree with the responses for items 1 through 20? If not, which items do you disagree with and why?Yes23. What are the essential functions of this position?The essential duties of this position are to coordinate and maintain the Board’s files, including data entry and docketing of activities related to contested cases filed with the Board; to draft legal notices for Board-ordered prehearing conferences and to finalize and format opinions and orders in accordance with applicable laws, rules, regulations, guidelines or instructions; to coordinate mailing or service of Board-related documents to the appropriate parties; to schedule and organize Board meetings and Board-ordered prehearing conferences; to answer and respond to customer calls and correspondence; to search, retrieve and produce the board records in association with FOIA requests, court orders, subpoenas, or administrative or appellate court requirements. An essential duty of this position is also to provide assistance to the MIOSHA Appeals Division, including to complete review, redaction, and production of Agency records pursuant to subpoenas or court orders issued to the Agency; and to provide word processing, office support, and legal secretarial services coverage to the Appeals Division as needed to meet workload surges or operational needs.24. Indicate specifically how the position's duties and responsibilities have changed since the position was last reviewed.New Position25. What is the function of the work area and how does this position fit into that function?The MIOSHA Appeals Division is responsible for representing the Agency in all contested MIOSHA cases which include appeals of safety and health citations, citation penalties, and petitions to modify citation abatement periods authorized under the Michigan Occupational Safety and Health Act, Public Act 154 of 1974 ("Act 154"). The Board of Health and Safety Compliance and Appeals (BHSCA) is the governing body which has authority over contested Act 154 safety and health citations, citation penalties, and petitions to modify citation abatement periods. This position handles the docketing and processing of all contested cases filed with the Board and provides legal secretarial support for the Board members and their advising Attorney in the issuance of correspondence, orders, opinions, and certified records on the Board's behalf. This position also coordinates the scheduling of board meetings and preparation of meeting related materials and ensures compliance with board-related records requests and subpoenas.? This position serves in a back-up capacity to the MIOSHA Appeals Division Secretary.26. What are the minimum education and experience qualifications needed to perform the essential functions of this position.EDUCATION:Education typically acquired through completion of high school.EXPERIENCE:Legal Secretary 7Two years of office experience involving administrative support practices, including one year equivalent to 6-level administrative support experience.Legal Secretary E8Three years of office experience involving administrative support practices, including one year involving legal secretarial practices equivalent to a Legal Secretary 7.KNOWLEDGE, SKILLS, AND ABILITIES:This employee must be an accurate typist with a thorough knowledge of correct English usage, punctuation, and spelling. ?Must also have knowledge of legal terminology and the content, organization, and format of legal documents and correspondence. ?Must possess the ability to learn and retain detailed and complicated instruction and be able to work well independently with little oversight. Must be able to manage deadlines and prioritize work. Must have general knowledge of office equipment and proficiency using a multi-line telephone system, fax machine, copier, and scanner.? Prior knowledge of administrative proceedings or court rules and procedures is highly desirable. Proficient use of Microsoft Office applications, including Word, Excel, Outlook and Access is highly desirable. Familiarity with MIOSHA is desirable.? Prior experience in a legal setting or a notary public commission is desirableCERTIFICATES, LICENSES, REGISTRATIONS:NoneNOTE: Civil Service approval does not constitute agreement with or acceptance of the desired qualifications of this position.I certify that the information presented in this position description provides a complete and accurate depiction of the duties and responsibilities assigned to this position.SupervisorDateTO BE FILLED OUT BY APPOINTING AUTHORITYIndicate any exceptions or additions to the statements of employee or supervisors.NoneI certify that the entries on these pages are accurate and complete.CARLA JENKS2/27/2020Appointing AuthorityDateI certify that the information presented in this position description provides a complete and accurate depiction of the duties and responsibilities assigned to this position.EmployeeDate ................
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