Attorney II

JOB POSTING (2 Positions)

Enforcement- Prosecutor
Attorney II
$61,032-70,500 annually
$5,086- $5,875 monthly
Posting No: 1108-20
Group: B23
Position: 474, 327
Opening Date: 11/15/19
Closing Date: 5 p.m. on 12/03/19

The Prosecutor is selected by and responsible to the Chief Prosecutor and performs moderately complex attorney work, enforcing the statutes and rules of the agency. Work involves reviewing inspection reports and making decisions about case resolutions; preparing legal documents; prosecuting violators in administrative proceedings before an administrative law judge; negotiating settlements; and overseeing the work of legal assistants. Work is performed under general supervision of the Chief Prosecutor with moderate latitude for the use of initiative and independent judgment. The attorney will perform other duties as assigned and required to maintain agency operations.

*The position is located at the North Campus 1106 Clayton Lane Austin, TX 78723.

Essential Duties

Manages a high-volume caseload that includes cases under multiple TDLR statutes.

Reviews inspection reports, investigation reports, and data reports from agency databases, and determines whether violations have occurred.

Researches and interprets statutes, rules, regulations, codes, and administrative records, and analyzes their applicability and significance in specific fact situations presented in cases.

Prepares notices of alleged violation, notices of hearing, motions, legal briefs, case closing letters, agreed orders, and other appropriate legal documents and correspondence related to enforcement cases.

Decides the manner in which enforcement cases will be resolved. Brings cases to final resolution as expeditiously as possible.

Negotiates settlements of enforcement cases.

Represents TDLR in the formal prosecution of enforcement cases in administrative hearings before the State Office of Administrative Hearings (SOAH). Presents the testimony of witnesses and documentary evidence in accordance with the Texas Rules of Evidence and makes legally-sound oral arguments.

Prepares exceptions to Proposals for Decision as needed and presents oral argument on contested cases to the Commission.

Performs duties in accordance with the Complaint Resolution Procedures Manual, the Enforcement Plan and the Criminal Conviction Guidelines.

Consults regularly with other attorneys to ensure consistency in the application of laws, rules, and enforcement policies.

Assists in educating the regulated industries and the public by making appearances before groups and speaking about laws, rules, agency policies, and enforcement actions affecting the subject industries.

Attends advisory board meetings and presents information about the activities of the Enforcement Division.

Complies with division and/or agency training requirements.

Demonstrates a spirit of teamwork, offering positive and constructive ideas, encouragement and support to other members of the staff and team, while upholding the agency’s core values.

Keeps management appropriately informed of ongoing activity and critical matters affecting the operation and well-being of the agency.

Adheres to all TDLR Personnel Policies and performs other duties as assigned.

Minimum Requirements

Graduation from an accredited law school with an L.L.B. or J.D. degree. Member in good standing with the State Bar of Texas. One (1) year of litigation experience required. Experience with regulatory enforcement or criminal prosecution preferred.

Veterans, Reservists or Guardsmen with an MOS or additional duties that fall in the fields of 27B- Military Judge, 04 Legal, 44 Legal Services, 51- Professional Law or other related fields pertaining to the minimum experience requirements may meet the minimum qualifications for this position and are highly encouraged to apply.

Additional Military Crosswalk information can be accessed at: http://www.hr.sao.state.tx.us/Compensation/MilitaryCrosswalk/MOSC_Legal.pdf

Remarks
The successful candidate will have: Knowledge of administrative law proceedings and concepts such as jurisdiction, notice, and due process, knowledge of the Administrative Procedures Act, the Texas Rules of Evidence and Civil Procedure, the Public Information Act, the Open Meetings Act, and the laws administered by TDLR.

Skill in the use of computer and applicable software, including Microsoft Word, Excel, PowerPoint, Internet, and e-mail; and the ability to use a computer to produce legal documents, correspondence, presentations, statistical reports, and other complex documents. Skill in the use of standard office equipment.

Ability to interpret, apply, and explain, orally and in writing, statutes, rules, codes, procedures, and policies; and to perform legal research. Ability to plan and manage multiple tasks or courses of action simultaneously and respond effectively to rapidly changing priorities in a highly visible setting. Excellent writing skills; excellent communication skills in the contexts of telephone contacts, in-person contacts, presenting cases in court, and public speaking; and the ability to establish and maintain effective working relationships and provide professional, friendly, and caring customer service to all customers.

This job is not covered by the Fair Labor Standards Act (FLSA).

AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

TDLR provides a total compensation package that enables us to attract, motivate, and retain highly skilled and talented employees, including a merit system, full use of salary ranges, performance awards, retention and recruitment bonuses.

TDLR 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.


In compliance with the Americans with Disabilities Act (ADA), TDLR will provide reasonable accommodation during the hiring and selection process for individuals with a disability. If you need assistance completing the application, contact TDLR Human Resources at 512-463-7184. If you are contacted for an interview and need accommodation to participate in the interview process, please notify the person scheduling the interview.