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Texas

TDA - Legal - Assistant General Counsel (57126)

Texas, Austin, Texas, us, 78716

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Overview

ASSISTANT GENERAL COUNSEL (ENTRY LEVEL OPPORTUNITY) 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:

26-57126-1R Location:

Austin, TX HOW TO APPLY Apply online via CAPPS. Applicants applying in WIT must complete the supplemental questions to be considered for the position. To complete the supplemental questions, go to CAPPS Recruit: [instructions omitted to remove links]. WHO ARE WE 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. 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. Primary Responsibilities

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 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 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/ Requirements for Attorney I – B22 ($5,100.00/MO.) 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 Attorney II – B24 ($6,142.00 - $6,300.00/MO.) 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 Physical Requirements & Working Conditions 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 work extended periods at a computer, and may require working extended hours and some evenings and weekends, as needed May involve travel, up to 10% of the work period, and some occasionally overnight Telework & Work Hours The agency does not offer telework. TDA employees are required to be physically present for work. Core hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; limited early/late hours available. 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: Retirement Plan Paid Group Health & Life Insurance for employees Paid Holidays Paid Vacation Leave Paid Sick Leave Longevity Pay Dental Vision Dependent Optional Life Insurance Voluntary AD&D Insurance Dependent Health & Life Insurance Health & Dependent care flexible spending accounts Only candidates selected for an interview will be contacted. A skills exercise may be conducted at the time of the interview. Note:

Due to the high volume of applications, we do not accept telephone calls. If you submitted your application through CAPPS Career Center, you may check the status of your application by accessing your profile and My Jobpage. Compliance

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 provides accommodations for persons with disabilities in accordance with the American with Disabilities Act. If you need help with the employment process or require other accommodations, please contact the Human Resources office for assistance. 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. 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 for assistance. Go to the following resources for assistance translating your military experience and training into civilian terms: texasskillstowork.com, one.org, or careeronestop.org.

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