SALARY: $5,833.33 – $8,333.33 Monthly
OPENINGDATE: 04/18/23
CLOSINGDATE: Continuous
GENERAL DESCRIPTION:
NOTE: This position is eligible for hybrid in-person/telework assignment. See more details below under physical/working conditions.
Performs moderately complex (journey-level) to advanced (senior-level) legal work. Work involves investigating and litigating administrative actions against agency licensees and permits for violations of the Texas Alcoholic Beverage Code and Texas Administrative Code, overseeing and planning legal activities, preparing legal documents, participating in hearings, interpreting laws and regulations, and rendering legal advice and counsel. May supervise the work of others.
Depending on the classification level in the attorney series – Works under general supervision, with moderate latitude for the use of initiative and independent judgment to under minimal supervision, with considerable latitude for the use of initiative and independent judgment.
ESSENTIAL JOB FUNCTIONS:
(60%)
Prepare contested cases for administrative hearings and represent the agency in thosehearings at the State Office of Administrative Hearings.
- Drafts briefs and pleadings.
- Schedules hearings, prepare subpoenas, conduct discovery, depose witnesses, andparticipate in mediations.
- Assists in the investigation and resolution of alleged violations of applicable laws and rules.
- Enforces agency statutory and regulatory provisions and prosecute violations.
- Ensures the adequate, effective, and timely preparation, presentation and completion ofinvestigations, cases, and/or legal projects assigned.
- (15%)
Plan and organize legal activities.
Research and analyze legal issues and interpret laws, regulations, and rulings.
Assist in formulating, coordinating, and establishing policies and procedures.
Advises agency management and staff on legal matters and on the interpretation and application of agency regulations, agency policies and procedures, and state and federal laws.
Coordinates the preparation of legal opinions, briefs, contracts, proposals, and reports.
- (10%)
Review drafts of laws, rules, and regulations affecting agency operations.
Assist in formulating, coordinating, and establishing policies and procedures.
May research, draft, or assist in drafting bills and amendments for legislative consideration.
May draft memoranda on regulatory matters and administrative rules for the Texas Register
- (10%)
May serve as a liaison with:
Complainants in administrative hearings or with their authorized representatives.
Office of the Attorney General when the agency is a party to litigation. - (5%)
Performs related work as assigned and may provide guidance to others.
MQS, KSA, LICENSE/CERTIFICATIONS:
MINIMUM QUALIFICATIONS:
Graduation from an accredited law school with a Juris Doctor (JD) degree.
Member in good standing with the State Bar of Texas.
Licensed as an attorney by the State of Texas.
Experience as a licensed attorney in the State of Texas.
NOTE: This posting is for a classification range of Attorney II – IV. Candidate(s) will be offeredthe salary and classification level commensurate with their experience.
Attorney II
- Two (2) years of full-time work experience as a licensed attorney in the State of Texas.
Attorney III - Three (3) years of full-time work experience as a licensed attorney in the State of Texas.
Attorney IV - Four (4) years of full-time work experience as a licensed attorney in the State of Texas.
PREFERRED QUALIFICATIONS:
Legal experience as a prosecutor or attorney practicing before the State Office of Administrative Hearings.
KNOWLEDGE, SKILLS, AND ABILITIES:
Knowledge of legal principles, practices, and proceedings; of state and federal laws, rules, and regulations; and of agency administrative rules and regulations. Specifically, working knowledge of Texas administrative law, and civil evidentiary techniques and procedural requirements.
Skill in legal research, writing, and analysis; in the use of a computer and applicable software(e.g., Microsoft Suite, Adobe Acrobat); in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
Ability to conduct hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, to communicate effectively, and to provide guidance to others.
Ability to maintain confidential and sensitive information.
REGISTRATION, CERTIFICATION OR LICENSURE:
Must be licensed as an attorney by the State of Texas.
A valid Texas driver’s license.
PHYSICAL REQUIREMENTS/SUPPLEMENTAL INFORMATION:
PHYSICAL/WORKING CONDITIONS:
This position is eligible for hybrid in-person/telework assignment. The selected attorney will be
required to work in the office at least two days a week until training is complete, and the attorney has demonstrated competency and the ability to work independently. The attorney’s in-person work schedule will be reevaluated at that point. For telework, the attorney must have a secure, dedicated workspace with internet service, ability to maintain a reliable consistent work schedule and be available for meetings and group collaboration via Microsoft Teams and other applications during regular business hours.
MILITARY OCCUPATIONAL SPECIALIST (MOS) CODE:
Veterans, Reservists or Guardsmen with an MOS or additional duties pertaining to the minimum experience requirements may meet the minimum qualifications for this position and are highly encouraged to apply:
For more information see the Texas State Auditor’s Military Crosswalk at
https://hr.sao.texas.gov/CompensationSystem/JobDescriptions
Supplemental Information:
The Texas Alcoholic Beverage Commission reserves the right to adjust compensation based upon legislative mandates in regard to TABC’s and/or an employee’s contribution to the Employees Retirement System. In compliance with Senate Bill 321, agencies that hire person who has retired from the Employees Retirement System (ERS) or the Law Enforcement and Custodial Officers Supplemental Fund (LECOS) on or after September 1,2009, are required to remit a surcharge each month the return-to-work retiree is employed. Candidates meeting these requirements will be offered a lower base salary to cover the surcharge.
The Commission will conduct a criminal history and driver record check with the Texas Department of Public Safety in accordance with applicable standards on all finalists for this position.
Applicants should clearly describe on their applications how they meet the minimum qualifications for the position. Qualifications may be verified through testing. Resumes will not be accepted in lieu of the completed application. Incomplete applications will not be considered.
The Immigration Reform and Control Act of 1986 requires all new employees to present proof of eligibility to work in the United States within three (3) days of being hired. The Texas Alcoholic Beverage Commission participates in E-Verify and will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security(DHS), with information from each new employee’s Form I-9 to confirm work authorization; For more information, see:
https://www.e-verify.gov/about-e-verify/what-is-e-verify
Males between the ages of 18 and 25 years, inclusive, may be required to furnish proof of either selective service registration or exemption there from as a condition of state employment. The Texas Alcoholic Beverage Commission adheres to the Veteran’s Preference granted in Chapter 657 of the Texas Government Code and the Former Foster Children Preference granted in Chapter 672 of Section 1, Subtitle B, and Title 6 of the Texas Government Code.
APPLICATIONS MAY BE FILED ONLINE AT:
http://www.tabc.texas.gov
5806 Mesa Drive #165
Austin, TX 78731
(512) 206-3220
[email protected]
Attorney II – IV (Enforcement Attorney) Supplemental Questionnaire
*1.
Do you possess all three of the below? • Graduation from an accredited law school witha Juris Doctor (JD) degree. • Member in good standing with the State Bar of Texas. •
Licensed as an attorney by the State of Texas.
Yes No
*2.
Please indicate the number of years of experience you possess, as a Texas licensed attorney.
3.
Do you have legal experience as a prosecutor or attorney practicing before the State Office of Administrative Hearings?
Yes No
*4.
Do you have a valid Texas Driver License?
Yes
No
- Required Question