Description

Salary Information:        B22, $5,100.00/MO.; B24, $6,142.00 - $6,300.00/MO.

State Classification:     Attorney I/II – 3502/3503

FLSA Status:                        Exempt

Posting Number:              26-56847-1R

HOW TO APPLY

Apply online via CAPPS Careers. Applicants applying through Work In Texas (WIT) will be required to complete additional supplemental questions, optionally provide EEO information including how you heard about the job, and provide an electronic signature in CAPPS Careers to be considered for the position.

AGENCY INFORMATION

The Texas Department of Agriculture’s Legal Services Division’s Enforcement Section investigates violations of state and federal pesticide, herbicide, Right-to-Know laws and regulations, consumer laws and programs, plant quality, seed quality, weights and measures, commodity warehouses, egg quality and the Agricultural Protective Act.

Telework Option: TDA does not offer telework, and all employees are required to be physically present for work. The agency’s core business hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. TDA also provides limited customer service between 6:00-8:00 a.m. and 5:00-6:00 p.m.

Location: This position will report to one of the following TDA location: Austin (HQ), TX.

JOB DESCRIPTION

WHAT YOU’LL DO: The Assistant General Counsel will perform entry-level to moderately complex legal work for the Texas Department of Agriculture’s Enforcement Division. You will plan and organize legal services; interpret laws and regulations; prepare legal opinions, briefs and other legal documents including notices of violation; render legal advice and counsel to the client agency; handle calls from the public concerning agency enforcement activities; consult with trial attorneys, including assisting in the preparation of cases for trial; represent the agency at administrative hearings to assess administrative penalties for violations of laws and regulations within TDA's jurisdiction; process public information requests; and assist with appeals of program decisions. You will work under general to moderate supervision with limited to moderate latitude for the use of initiative and independent judgment.

ESSENTIAL JOB DUTIES

Prosecute assigned cases involving TDA’s regulatory functions. Duties include, but are not limited to:

•  assist in informal and formal case review;
  • draft and issue notices of violation and other enforcement notices or actions;
  •  draft pleadings and appropriate discovery documents;
  • draft and file proposed findings of fact and conclusions of law, exceptions to proposals for decision, and responses to such exceptions, motions for rehearing, or other motions attendant to the contested-case process;
  •  represent the agency in hearings before administrative law judges;
  • negotiate and settle cases referred for prosecution as appropriate; and
  • coordinate with TDA staff and other state agencies or private parties regarding the presentation of evidence, including expert testimony.

• Review cases for which prosecution is deferred or unwarranted.
• Assist with providing/Provide formal and informal legal advice to assigned programs in the agency, including reviewing and drafting contracts or other agreements, correspondence, forms, penalty schedules, regulations, proposed legislation and other miscellaneous documents.
• Provide legal analysis and research support for the General Counsel on issues related to TDA regulatory enforcement programs and regulatory program functions, as assigned.
• Assist with preparation/Prepare training materials for TDA employees on legal issues, including investigative techniques, and present such materials, as assigned.
• Assist with preparation/Prepare and provide presentations to the public and regulated community regarding TDA programs.
• Review/Provide legal advice on and review materials submitted by requestors under the Texas Public Information Act or sent in response to such requests.
• Handle calls from the public regarding agency functions and enforcement activities
• Assist with the preparation of agency statistical information for the Legislative Budget Board, Environmental Protection Agency or other reporting purposes.
• Follow all TDA safety guidelines/procedures and ethics requirements.
• Perform other duties as assigned.

In addition to the Primary Responsibilities listed above, the following apply to the Attorney II position:

Prosecute assigned cases involving TDA’s regulatory functions. Duties include, but are not limited to:

-          assist in informal and formal case review;

-          draft and issue notices of violation and other enforcement notices or actions;

-          draft pleadings and appropriate discovery documents;

-          draft and file proposed findings of fact and conclusions of law, exceptions to proposals for decision, and responses to such exceptions, motions for rehearing, or other motions attendant to the contested-case process;

-          represent the agency in hearings before administrative law judges;

-          negotiate and settle cases referred for prosecution as appropriate; and

-          coordinate with TDA staff and other state agencies or private parties regarding the presentation of evidence, including expert testimony.

-          Review, prepare and refer cases to the Office of the Attorney General (OAG), as appropriate.

Prosecute assigned cases involving TDA license sanctions and license revocation, including representation before administrative law judges. 

Serve as a liaison with OAG on referred cases or lawsuits filed against the agency.

Handle inquiries from other state agencies, federal agencies or the public on the application and interpretation of laws within TDA’s jurisdiction.

QUALIFICATIONS

To be considered for the position, applicants must submit a State of Texas Application through CAPPS Careers or WIT – experience listed on the application must state how each of the following qualifications are met:

J.D. or LL. B. Degree from an accredited four-year college or university with a license to practice law in the State of Texas.

Educational background or work experience performing legal research and preparing briefs or memorandum of law.

QUALIFICATIONS/ REQUIREMENTS FOR AN ATTORNEY II – B24 ($6,142.00 - $6,300.00/MO.) To be considered for the position, applicants must submit a State of Texas Application through CAPPS Careers or WIT – experience listed on the application must state how each of the following qualifications are met:

• J.D. or LL. B. Degree from an accredited four-year college or university with a license to practice law in the State of Texas.
• Work experience as a licensed attorney analyzing legal problems, preparing sound opinions and interpreting laws and/or regulations.
• Work experience preparing and/or litigating cases in civil or criminal trials or administrative hearings. 
• Work experience performing legal research and preparing briefs.

PREFERRED QUALIFICATIONS

Employment or clerkship with a governmental agency or prosecutor’s office, in an administrative enforcement division.

KNOWLEDGE, SKILLS & ABILITIES

Knowledge of legal principles, practices, and proceedings.

Skill in legal research, writing, and analysis; in the use of a computer and applicable software; 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, orally and in writing; exercise sound judgment and discretion; and to maintain the highest level of confidentiality.

WORKING CONDITIONS

Physical Requirements & Working Conditions: Requires working in a normal office work environment and may have exposure to dust and environmental allergens consistent with normal business activities and human contact. Mostly sedentary in nature but may involve walking; standing; pulling and pushing; kneeling, stooping and bending; performing tasks requiring fine motor skills and coordination; and safely lifting and carrying items weighing up to 30 pounds. Must be able to work extended periods at a computer and may require working extended hours and some evenings and weekends, as needed. May involve travel, occasionally overnight (up to 10%).

BENEFITS

The State of Texas offers a variety of benefits for you and your family that are comprehensive and, on average, make up about one-third of total compensation. Benefits include:

CONTACT INFORMATION

Only candidates selected for an interview will be contacted. A skills exercise may be conducted at the time of the interview. 

Due to the high volume of applications, we do not accept telephone calls.  If you submitted your application through the CAPPS Careers Section, you may check the status of your application by accessing your profile and selecting “My Job Applications”. Note: applicants who apply through Work In Texas, to be considered for the position, you must complete additional supplemental questions, optionally provide EEO information including how you heard about the job, and provide an electronic signature in CAPPS Careers

Reasonable Accommodations: If you are scheduled for an interview and require any reasonable accommodation in our interview process, please inform the hiring representative who calls you to schedule your interview or an HR representative at 512-463-7423.  Whenever possible, please give the hiring or HR representative sufficient time to consider and respond to your request.

Military and Former Foster Child Employment Preference: TDA complies with the provisions of the veterans and former foster child employment preference acts. Please contact our Human Resources-Veterans Liaison at (512) 463-7423 for assistance.

Go to https://texasskillstowork.com/, https://www.onetonline.org/, or http://www.careeronestop.org/ for assistance in translating your military experience and training courses into civilian job terms, qualifications/requirements, and skill sets.

Additional Military Occupational Specialty (MOS) Code or Crosswalk information is available from the Texas State Auditor’s Office at MOS Legal Codes.

ADDITIONAL INFORMATION

Equal Employment Opportunity (EEO): TDA is an equal employment opportunity (EEO) employer and does not discriminate on the basis of race, color, religion, sex, national origin, disability, age, genetic information, military status, or protected activity. 

TDA participates in E-Verify and will provide the Social Security Administration and, if necessary, the Department of Homeland Security, with information from each new employee's Form I-9 to confirm work authorization. 

H-1B Visa Sponsorship

We are unable to sponsor or take over sponsorship of an employment Visa.

Background Checks

A criminal conviction records check is required for applicants who are selected for a position.

*A valid government-issued driver’s license, which is recognized by the Texas Department of Public Safety and in good standing, and an acceptable driving record are required. TDA will verify this information with the Texas Department of Public Safety. Applicants with a driver’s license not issued by the State of Texas should obtain and be prepared to provide a copy of their current driving record on or before their first day