DPS Staff Attorney

DPS – OGC – ORC Staff Attorney (00015259) 

Organization: : TEXAS DEPARTMENT OF PUBLIC SAFETY 

Primary Location: Texas-Austin 

Work Locations: 

AUSTIN HQ (MAIN) 
5805 N LAMAR BLVD, AUSTIN TX 78752

Job: Attorney I, Attorney II, Attorney III

Employee Status: Regular 

Schedule: Full-time Standard Hours Per Week: 40.00 

State Job Code: 3502 3503-3504 

Salary Admin Plan: B21, B23, B25

Salary (Pay Basis): $5,000.00 – $5,258.66 (Monthly) 

Number of Openings: 2 

Overtime Status: Exempt 

Job Posting: Jun 3, 2021, 10:18:08 AM 

Closing Date: July 1, 2021, 11:59:00 PM 

**Official Law School Transcripts are required at the time of application.**

This position handles high volume of program administrative cases to process.

The Office of Regulatory Counsel is seeking an attorney with experience as or the potential to become an effective administrative litigator under a variety of statutory and regulatory schemes, including License to Carry, Private Security, and Vehicle Inspection programs. Attorney should also have the ability to be an effective advisor to Regulatory Services Division management regarding regulatory schemes. Criminal law (prosecution or defense), prior state agency, and State Office of Administrative Hearings experience helpful. Experience with and or knowledge of Administrative Procedure Act, Occupations Code Chapter 53, Penal Code, and Code of Criminal Procedure helpful.

GENERAL DESCRIPTION

Performs 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.

ESSENTIAL DUTIES / RESPONSIBILITIES

1. Researches, analyzes, and evaluates applications submitted under various regulatory schemes for which the Department is responsible.

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

3. Drafts and files 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 or obtains field attorneys to represent the Department.

4. Drafts and files 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 or obtains county or district attorneys to represent the Department.

5. Responds 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. Conducts training classes on the License to Carry law and related policies, procedures, and issues for instructors, DPS personnel, and other law enforcement agencies.

7. Interprets statutes and regulations related to the programs in the Service and develops corresponding protocols, specifications and policies to guide actions of Service employees involved in those activities.

8. Assists in drafting legislation and monitoring pending legislation.

9. Drafts administrative rules related to the applicable regulatory statutes.

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

11. Performs legal research and provides legal counsel to Department personnel with regard to applicable regulatory issues affecting the Bureaus within the Service.

12. Travels throughout the state as required.

13. Attends work regularly and observes approved work hours in accordance with agency leave and attendance policies.

14. Performs related duties as assigned.

Qualifications

GENERAL QUALIFICATIONS and REQUIREMENTS

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

Experience

Attorney I – Minimum of one (1) year experience is preferred 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 weapon laws.

Attorney II – Minimum of five (5) years’ 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 weapon laws is required.

Attorney III – Minimum of nine (9) years’ 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 weapon laws 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 general weapons laws.

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: Daily (twenty 20%).

Travel: 15%

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.

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. 36A, 751X, 020, 30, 3402, 3404

APPLICATION SHOULD BE SUBMITTED THROUGH THE DEPARTMENT OF PUBLIC SAFETY ONLINE LINK applicants must complete the supplemental questions to be considered for the posting

https://capps.taleo.net/careersection/ex/jobdetail.ftl?job=00015259&tz=GMT-05%3A00&tzname=

OR APPLICATIION CAN BE 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

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

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

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.