DPS – OGC – ORC Staff Attorney

3502 – 3503 – 3504 (00037478)

Organization: TEXAS DEPARTMENT OF PUBLIC SAFETY 

Primary Location: Texas-Austin 

Work Locations: 5805 N LAMAR BLVD PO BOX 4087 AUSTIN TX 78773

 Other Locations:  Austin 78752

Job: Legal 

Employee Status: Regular

Schedule: Full-time Standard Hours Per Week: 40.00 

State Job Code: 3502 3503, 3504 

Salary Admin Plan: B 

Grade: 22 24 26 

Salary (Pay Basis): 6,300.00 – 7,666.67 (Monthly) 

Number of Openings: 1 

Overtime Status: Exempt 

Posting Date: Oct 23, 2023 

Closing Date: Nov 30, 2023 

Description

The Texas Department of Public Safety is seeking an attorney to represent the agency in administrative hearings and provide legal advice on a variety of regulatory programs. The ideal candidate will have prior experience in criminal or civil litigation, advising state agencies, or practicing before the State Office of Administrative Hearings. Knowledge of the Administrative Procedure Act, Occupations Code Chapter 53, Penal Code, and Code of Criminal Procedure is also helpful.

The department offers a close, collegial work environment with career advancement opportunities and a work-life balance.
Other benefits of the position include:

  • Flexible work schedules,
  • Hybrid telecommuting options,
  • Comprehensive medical insurance with premiums paid at 100% for full time employees,
  • Generous paid leave and holidays,
  • Qualifying employment for purposes of Public Service Loan Forgiveness Program,
    Retirement pension, and
  • Comprehensive wellness program

PLEASE NOTE: All applications must contain complete job histories, which includes job title, dates of employment, name of employer, supervisor’s name and phone number and a description of duties performed. If this information is not submitted, your application may be rejected because it is incomplete. Resumes do not take the place of this required information.

SUBMITTED THROUGH WORK IN TEXAS: Work In Texas (WIT) applicants must complete the supplemental questions to be considered for the posting. In order to complete the supplemental questions please go to CAPPS Recruit to register or login and access your profile. Go to CAPPS Recruit to Sign In https://capps.taleo.net/careersection/ex/jobsearch.ftl?lang=en

The following military Occupational Specialty codes are generally applicable to this position.  
Applicants must fully complete the summary of experience to determine if minimum qualifications are met.  
https://hr.sao.texas.gov/Compensation/MilitaryCrosswalk/MOSC_Legal.pdf

GENERAL DESCRIPTION: Attorney I (3502/B22).  Perform routine (journey-level) attorney work.  Work involves professional legal and administrative services for the Office of Regulatory Counsel within Legal Operations. Work involves providing a full range of legal services to licensing and regulatory entities within the Department including concealed handgun, private security, vehicle inspection, metals recycling and narcotics regulatory programs. Work includes drafting legislation, administrative rules, and providing interpretive advice on existing statutes and rules. Additionally, position requires attorneys to represent the Department in hearings before the State Office of Administrative Hearings (SOAH) as well as other tribunals on a variety of licensing matters. Position will require flexibility to apply new statutory schemes as the Department’s regulatory functions evolve. Work under moderate supervision, with limited latitude for the use of initiative and independent judgment.

GENERAL DESCRIPTION: Attorney II (3503/B24), Attorney III (3504/B26). Performs moderately complex (journey-level) attorney work. Work involves professional legal and administrative work for the Office of Regulatory Counsel. Work involves providing legal advice and representation to licensing and regulatory entities within the Department, including handgun licensing, private security, vehicle inspection, and metals recycling regulatory programs. Work includes representing the agency in administrative hearings and participating in the drafting of legislation and administrative rules. Work under general supervision, with moderate latitude for the use of initiative and independent judgment.

ESSENTIAL DUTIES:

1. Research, analyze, and evaluate applications submitted under various regulatory schemes for which the Department is responsible.

2. Make determinations and recommendations regarding applications based upon applicable statutes, rules, and Department policy.

3. Draft and file petitions and exhibits for administrative hearings under the applicable regulatory statutes. Schedules hearings in the appropriate justice of the peace court or the State Office of Administrative Hearings and obtains necessary documents for the hearings. Represents the Department at the hearings.

4. Draft and file petitions and exhibits for appeals of administrative hearings at the County Court at Law, Court of Appeals, or Texas Supreme Court levels. Schedules hearings in the appropriate court and obtains necessary documents for the hearings. Represents the Department at the hearings.

5. Respond to telephone and written inquiries regarding the applicable regulatory statutes from legislators, county and district attorneys, employees in the Attorney General’s office, judges, law enforcement agencies, Department employees, and the general public.

6. Interpret statutes and regulations related to regulatory programs and develops corresponding protocols, specifications, and policies to guide actions of Department employees involved in those activities.

7. Assist in drafting legislation and monitoring pending legislation.

8. Draft administrative rules related to the applicable regulatory statutes.

9. Identify training needs, discusses program effectiveness with management, and recommends changes within the programs to comply with applicable federal and state laws more efficiently.

10. Perform legal research and provides legal counsel to Department personnel regarding applicable regulatory issues affecting regulatory programs.

11. Travel throughout the state as required.

12. Attend work regularly and observe approved work hours in accordance with agency leave and attendance policies.

13. Perform related duties as assigned. 

GENERAL QUALIFICATIONS and REQUIREMENTS:

Education – Graduation from an accredited school of law with a L.L.B or J.D. is required.

Attorney I (3502/B22) – Experience – Experience in the areas of legal research, trial and appellate procedures, Rules of Evidence, Rules of Civil Procedure, Rules of Appellate Procedure, Administrative Law, Texas Penal Code, or general Texas law is required.

Attorney II (3503/B24) – Experience – Experience in the areas of legal research, trial and appellate procedures, Rules of Evidence, Rules of Civil Procedure, Rules of Appellate Procedure, Administrative Law, Texas Penal Code, or general Texas law is required.

Attorney III (3504/B26) – Experience – Minimum of three (3) years’ experience in the area of legal research, trial and appellate procedures, Rules of Evidence, Rules of Civil Procedure, Rules of Appellate Procedure, Administrative Law, Texas Penal Code, or general Texas law is required.

Licensure and/or Certification – Licensure by the State Bar of Texas is required. Must possess a valid driver license from state of residence.

Regulatory Knowledge – Knowledge of the Texas Open Records Act, Administrative law, Rules of Civil Procedure, Rules of Appellate Procedure, Rules of Evidence, Texas Penal Code, or other general Texas law.

Interpersonal Skills – Must demonstrate an ability to exercise poise, tact, diplomacy, and an ability to establish and maintain positive, working/professional relationships with internal/external customers.

Organizational and Prioritization Skills – Must be organized, flexible, and able to effectively prioritize in a multi-demand and constantly changing environment; able to meet multiple and sometimes conflicting deadlines without sacrificing accuracy, timeliness, or professionalism.

Presentation/Communication Skills – Must be able to construct and deliver clear, concise, and professional presentations to a variety of audiences and/or individuals.

Research and Comprehension – Knowledge of legal terminology, research methods and techniques, preparation and use of legal documents, administrative and court procedures, law office practices and procedures, relevant laws, and details of the English language as it applies to legal documents.

Analytical Reasoning/Attention to Detail – Must demonstrate an ability to examine data/information, discern variations/similarities, and be able identify trends, relationships, and causal factors, as well as grasp issues, draw accurate conclusions, and solve problems.

Technology (computers/hardware/software/operating systems) – Must possess appropriate levels of proficiency with utilized software and systems and be able to learn new software/systems. Demonstrated proficiency with Microsoft Office Suite (Word, Excel, PowerPoint, Outlook). Ability to conduct legal research utilizing Westlaw/Lexis.

Confidentiality and Protected Information – Must demonstrate an ability to responsibly handle sensitive and confidential information and situations and adhere to applicable laws/statutes/policies related to access, maintenance, and dissemination of information.

Travel and/or Schedule – Availability for after-hour and weekend work, and travel as required to attend hearings.

PHYSICAL and/or ENVIRONMENTAL DEMANDS:

The physical and environmental demands described here are representative of those encountered and/or necessary for the employee to successfully perform the essential functions of this job; reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

  • Environment: Office;
  • Ambulatory skills, e.g. stand, walk, sit, climb, balance, stoop, kneel, crouch;
  • Hand-eye coordination and arm/hand/finger dexterity;
  • Ability to speak, hear, and exercise visual acuity;
  • Ability to transfer weights of twenty (20) pounds anticipated for this position;
  • Driving requirements: Moderate frequency (twenty [20%]).

State of Texas Benefits and Retirement Information: https://www.ers.texas.gov/

A DPS employee who is selected for a position in the same salary group and state title as their current position will be transferred with no salary change.

A DPS employee who is selected for a position in their current salary group with a new state title may receive an increase of no more than 3.4% over their current salary regardless of posted salary.

Salary is contingent upon qualifications and is subject to salary administration and budgetary restrictions.

DUE TO THE HIGH VOLUME OF APPLICATIONS, WE DO NOT ACCEPT TELEPHONE CALLS. ONLY CANDIDATES
SELECTED FOR INTERVIEW WILL BE CONTACTED.

State of Texas retirees may be rehired for full-time, non-commissioned positions only under very specific circumstances.