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TEXAS DEPARTMENT OF AGRICULTURE TDA - Legal - Assistant General Counsel (56847) in Austin, Texas

Please paste the following URL into a browser to view the entire job posting in the CAPPS Career Section: https://capps.taleo.net/careersection/ex/jobdetail.ftl?job=00045089 You may apply to the job directly through the CAPPS Career Section. It is not necessary to apply both through Work In Texas and CAPPS Career Section

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 3502/3503FLSA Status: ExemptPosting Number: 25-56847-1Location: Austin, TX HOW TO APPLY Apply online at 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: https://capps.taleo.net/careersection/ex/jobsearch.ftl?lang=en. WHO ARE WE The Texas Department of Agricultures Legal Services Divisions 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 YOULL DO The Assistant General Counsel will perform entry-level to moderately complex legal work for the Texas Department of Agricultures 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 TDAs 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 TDAs 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. Qualifications: QUALIFICATIONS/ REQUIREMENTS FOR AN 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 AN 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 prosecutors 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; kneel

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