Agency Legal Consultant II

Description of Work This is a REPOST of position 65036828.
Previous applicants MUST REAPPLY to be considered.
This position qualifies for teleworking on a part-time basis as part of a State Teleworking Program.
Any telework will be under the conditions of the State Teleworking Program Policy, and the employer may end any teleworking arrangement at any time at the employer’s sole discretion.
The Agency Legal Consultant II represents the Commission in 20-30 violation cases per month and in contested cases before the Office of Administrative Hearings and acts as an in-house counsel to the ABC Commission staff.
Responsibilities include the following: Provide legal advice, liability prevention strategies and risk management services in diverse areas related to the policy and practices of the Commission.
Handle inquiries and legal issues (including contract review) presented by a broad range of sources.
Inquiries range from simple questions on the hours of sale to more complex questions of how to lawfully bring non-approved wines from foreign countries into North Carolina.
Local government officials question the impact of proposed local zoning ordinances and the types of retail businesses that can operate within the zones.
Local ABC Boards seek information on the proper procedure to purchase real property or how to terminate a contract to purchase parcels of real estate.
Review requests of marketing and promotional material from industry members, ensuring that they are in compliance with the Commission’s extensive trade practice roles.
These materials must be approved before their planned activities can be conducted.
The position is involved in the rule-making process and may serve as a staff liaison to the legislature.
LEGAL CONSULTATION/ADVICE The Commission's legal staff provides written and oral legal advice and counsel to high level managers and staff at the Commission on myriad of topics related to their statutory duties and responsibilities.
The position requires an in-depth knowledge of the agency’s departmental programs and operations in order to provide experienced legal advice and analysis.
The Commission's legal staff must be able to interpret constitutional provisions, state and federal statutes, administrative regulations, case law, state and federal court decisions, and other precedents and to apply them to the Commission’s current operations to determine whether procedural or substantive changes should be made to Commission practices and policies to comply with the law.
The advice provided by the position is essential to ensure that staff properly interpret and apply the statutes and cases.
This information is used as the basis for revisions to the agency’s policies and practices related to the proper issuance of permits and other regulatory matters that affect private business operations and public health and safety.
Errors in the proper issuance of permits can have immediate impact on businesses’ abilities to operate and to the public’s expectation that ABC permitted establishments will operate within the bounds of the laws that protect public health and safety.
HEARING OFFICER The Commission’s legal staff is delegated the authority to conduct hearings to resolve disputes between North Carolina wine wholesalers and wineries over franchise agreement terminations.
If the cases are not settled and proceed to hearing, the position presides over the proceedings in the same manner as an Administrative Law Judge.
At the conclusion of the hearing, the position must review the testimony and evidence to draft proposed findings of fact, conclusions of law, and a recommended disposition of the issues.
This position reviews any additional information and presents it for review by the Commission at its monthly meeting.
If a contract termination is improper, the enforcement of that decision may require the filing of a petition with OAH before penalties can be assessed against the winery or importer.
This position would represent the agency in such contested cases.
LEGAL RESEARCH AND ANALYSIS This position will conduct legal research and analysis of the broad spectrum of legal issues affecting agency action, give legal advice based on that research, and the consequences of applying the law.
Legal research and analysis includes the examination of federal and state legislation, policy case law, and administrative rules and regulatory requirements.
SPECIAL PROJECTS Special assignments may be assigned to this position by the Chairman, the Deputy Commissioner, the General Counsel or other agency leaders.
These projects are highly sensitive or urgent in nature.
Completing these duties, which may include attending legislative committee meetings, are time-sensitive.
This is a full-time position (40 hours per week) with State Benefits.
Note to Current State Employees: The salary grade for this position is LG06.
State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position.
If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity.
Based upon these factors, a pay increase MAY result.
Knowledge, Skills and Abilities / Competencies To qualify for this position, applicants must document on the application that they possess ALL of the following: Working knowledge of the principles and practices of administrative law.
Working knowledge of drafting rules and policies.
Management Preferences License to practice law in the State of North Carolina.
Experience with rule-making procedures or with Chapter 18B and alcoholic beverage laws.
Ability to interpret laws, rules, regulations, and court decisions.
Ability to analyze facts, evidence, and legal documents.
Ability to express legal interpretations or conclusions of law clearly and logically in oral and written form.
Ability to maintain effective working relationships with the public and other persons contacted in the course of work.
Minimum Education and Experience Requirements Some state job postings say you can qualify by an “equivalent combination of education and experience.
” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both.
See oshr.
nc.
gov/experience-guide for details.
Juris Doctor from an appropriately accredited institution and two years of related professional legal or programmatic experience.
Supplemental and Contact Information The North Carolina Department of Public Safety (DPS) is an Equal Opportunity Employer who embraces an Employment First philosophy which consists of complying with all federal laws, state laws and Executive Orders.
We are committed to reviewing requests for reasonable accommodation at any time during the hiring process or while on the job.
DPS uses the Merit-Based Recruitment and Selection Plan to fill positions subject to the State Human Resources Act with the most qualified individuals.
Hiring salary will be based on relevant qualifications, internal equity and budgetary considerations pertinent to the advertised position.
It is critical to our screening and salary determination process that applications contain comprehensive information.
Information should be provided in the appropriate areas to include the beginning and ending dates of jobs worked, education with the date graduated, all work experience, and certificates / licenses.
Resumes will not be accepted in lieu of completing this application.
Answers to Supplemental Questions must refer to education or work experience listed on this application to receive credit.
Degrees must be received from appropriately accredited institutions.
Applicants seeking Veteran's Preference must attach a DD-214 Member-4 Form (Certificate of Release or Discharge from Active Duty) to their applications.
Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if they are a current member of the NC National Guard in good standing.
If a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, they must attach either a DD256 or NGB 22.
If applicants earned college credit hours but did not complete a degree program, they must attach an unofficial transcript to each application to receive credit for this education.
Per NC General Statute 143B-972.
1 (Download PDF reader), applicants hired into a position certified as a criminal justice officer or justice officer are required to electronically submit fingerprints to the NC State Bureau of Investigation for a state and national criminal history record check and enrollment in the FBI’s Next Generation Identification System: Criminal Justice Record of Arrest and Prosecution Background Service (“RAP Back”).
This is in addition to submitting fingerprints during the application process.
For technical issues with your application, please call the GovernmentJobs.
com Applicant Support Help Line at 855-524-5627.
If there are any questions about this posting other than your application status, please contact Sue Bathgate at sue.
bathgate@ncdps.
gov.