TDA - Legal - Assistant General Counsel

TEXAS DEPARTMENT OF AGRICULTURE • Austin, TX • 1d ago

Please paste the following URL into a browser to view the entire job posting on the CAPPS Careers page.https://erphcmprd.cpa.texas.gov/psp/candidateportal/EMPLOYEE/HRMS/c/HRSHRAMFL.HRSCGSEARCHFL.GBL?Page=HRSAPPJBPSTFLandAction=UandFOCUS=ApplicantandSiteId=1andJobOpeningId=100944andPostingSeq=1Agency InformationThe 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 DescriptionWHAT 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 DutiesProsecute 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 TDAs jurisdiction. QualificationsTo 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 con

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