What are the responsibilities and job description for the Enforcement- Prosecutor Attorney III #0406-25 position at Texas Dept of Licensing and Regulation?
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Job Description
The Prosecutor is selected by and responsible to the Chief Prosecutor and reports to the Senior Prosecutor. The Prosecutor performs highly complex attorney work, enforcing the statutes and rules of the agency. Work involves reviewing investigative reports, indicators of human trafficking, and making decisions about case resolutions; preparing and supervising the preparation of legal documents; prosecuting violators in administrative proceedings before an administrative law judge; negotiating settlements; and overseeing the work of legal assistants assigned to the section. Provides assistance and training in the department’s efforts to combat Human Trafficking. Work is performed under the limited supervision of the Chief Prosecutor and Senior Prosecutor with considerable latitude for the use of initiative and independent judgment. Work requires contact with the public and other divisions within the agency. The attorney will perform other duties as assigned and required to maintain agency operations.
Essential Duties
· Manages a high-volume caseload that includes cases under all of the statutes administered by TDLR.
· Reviews investigative reports, initial applications, and license renewal applications that come into the prosecution section, and exercises discretion based upon guidance from the Senior Prosecutor, Chief Prosecutor, and Director to decide the manner in which cases will be resolved, including identifying possible indicators of human trafficking. Negotiates settlements. Brings cases to final resolution as expeditiously as possible.
· Researches and interprets statutes, rules, regulations, codes, indicators of human trafficking, and administrative records, and analyzes their applicability and significance in specific fact situations presented in complaints.
· Advises investigators regarding evidentiary analysis and avenues of investigation to be pursued, and provides guidance to all Enforcement staff regarding statutes, rules, and enforcement policies.
· Prepares notices of alleged violation, notices of hearing, letters of proposed license denial, motions, legal briefs, case closing letters, agreed orders, emergency orders, and other appropriate legal documents and correspondence related to enforcement cases.
· Represents TDLR in the formal prosecution of enforcement cases in administrative hearings before the State Office of Administrative Hearings (SOAH). Presents the testimony of witnesses and documentary evidence in accordance with the Texas Rules of Evidence and makes legally-sound oral arguments.
· Prepares exceptions to Proposals for Decision, as appropriate with guidance from the Senior Prosecutor and Chief Prosecutor and presents oral argument on contested cases to the Commission.
· Performs duties in accordance with division policies and procedures set forth by the Director, including but not limited to the Complaint Resolution Procedures Manual, the Legal Files Procedures Manual, the Enforcement Plan, the Criminal Conviction Guidelines, and the Complaint Prioritization Schedule.
· Consults regularly with other attorneys to ensure consistency in the application of laws, rules, and enforcement policies. Reviews work of other attorneys through a peer review process as directed by the Senior Prosecutor and Chief Prosecutor.
· Reviews drafts of laws, rules, policies and regulations affecting agency operations.
· Assists in educating the regulated industries and the public by making appearances before groups and speaking about laws, rules, agency policies, enforcement actions and indicators of human trafficking affecting the subject industries.
· Attends advisory board meetings and presents information about the activities of the Enforcement Division.
· Complies with division and/or agency training requirements.
· Demonstrates a spirit of teamwork, fosters camaraderie, offering positive and constructive ideas, encouragement and support to other members of the staff and team, while upholding the agency’s core values.
· Keeps management appropriately informed of ongoing activity and critical matters affecting the operation and well-being of the agency.
· Adheres to all TDLR Personnel Policies and performs other duties as assigned.
Minimum Requirements
Graduation from an accredited law school with an L.L.B. or J.D. degree. Member in good standing with the State Bar of Texas. Three (3) years of litigation experience required. Experience with regulatory enforcement or criminal prosecution preferred.
Army 27A, Navy 250X, Marine 4402, Air Force 51JX or other related fields pertaining to the minimum experience requirements may meet the minimum qualifications for this position and are highly encouraged to apply. Additional Military Crosswalk information can be accessed at: Military Crosswalk for Occupational Category - Legal
Remarks
The successful candidate will have: Knowledge of administrative law proceedings and concepts such as jurisdiction, notice, and due process, knowledge of the Administrative Procedures Act, the Texas Rules of Evidence and Civil Procedure, the Public Information Act, the Open Meetings Act, and the laws administered by TDLR. Skill in the use of computer and applicable software, including Microsoft Word, Excel, PowerPoint, Teams, SharePoint, internet, and e-mail; and the ability to use a computer to produce legal documents, correspondence, presentations, statistical reports, and other complex documents. Skill in the use of standard office equipment. Ability to interpret, apply, and explain, orally and in writing, statutes, rules, codes, procedures, and policies; to perform legal research; and, to plan and manage multiple tasks or courses of action simultaneously and respond effectively to rapidly changing priorities in a highly visible setting. Excellent writing skills; excellent communication skills in the contexts of telephone contacts, in-person contacts, presenting cases in court, and public speaking; and, the ability to establish and maintain effective working relationships and provide professional, friendly, and caring customer service to all customers.
Job Type: Full-time
Pay: $94,500.00 - $99,225.00 per year
Benefits:
- 401(k)
- Dental insurance
- Employee assistance program
- Flexible schedule
- Flexible spending account
- Health insurance
- Life insurance
- Paid time off
- Retirement plan
- Tuition reimbursement
- Vision insurance
Schedule:
- 8 hour shift
Work Location: Hybrid remote in Austin, TX 78723
Salary : $94,500 - $99,225