Agency Legal Consultant II

Agency

Safety

Division

70000075 Dept of Public Safety

Job Classification Title

Agency Legal Consultant II (NS)

Position Number

60080783

Grade

LG06

About Us

The Department of Public Safety's mission is to safeguard and preserve the lives and property of the people of North Carolina through preparation, prevention, and protection with integrity and honor. Our agency houses many public safety divisions, including Emergency Management, Juvenile Justice and Delinquency Prevention, Alcohol Law Enforcement, Samarcand Training Academy, and the North Carolina National Guard. Join us along with our more than 3,000 employees and 12,000 National Guard members in providing exceptional public safety services to the citizens of North Carolina.

Description of Work

Start your journey towards success! DPS ABC Commission is currently accepting applications for an Agency Legal Consultant II.


The ABC Commission is a self-supported agency with a special operating fund that was created in 1982 for the purpose of carrying out its mission. The Commission supports the State’s General Fund with deposits from collected application fees.

The Legal Section of the Commission is responsible for interpreting and enforcing ABC laws and administrative rules to establish and maintain a uniform and consistent system of regulation of alcoholic beverages in North Carolina. The Legal Section provides alcoholic beverage control policy development and interpretation and representation for a state agency regulating a $4 billion per year industry. Providing support for policy development requires the Legal Section to research, review, analyze and apply: 1) national and international legal and economic trends; 2) pending and potential litigation affecting North Carolina, nationally and internationally; and 3) academic research in the areas of health and public policy.

In addition, the Legal Section annually prosecutes an average of 1,450 violations of ABC laws and regulations. The Legal Section is also responsible for:
•Defending the Commission's decision to deny a permit application.
•Representing the Commission in contested cases before the Office of Administrative Hearings (OAH).
•Representing the Commission before legislative committees.
•Drafting legislation and administrative rules and conducting public hearings for rulemaking.
•Conducting hearings on wine franchise disputes.
•Providing legal advice to the Chairman, the Commission members, the Commission staff, agents and staff of the Alcohol Law Enforcement Division of the Department of Public Safety, local ABC Board law enforcement officers, and officers from other law enforcement agencies.
•Responding to inquiries from manufacturers, wholesalers, ABC Boards, permit holders and others in North Carolina, across the USA and from other countries. Some of the requests include review of: advertising and promotional materials, exemption requests from exclusive outlets and ineligible employee provisions, the legal impact a change in the form of business ownership may have on existing permits, application of the child labor statutes to "on" and "off premise" permittees, and how the ABC laws and regulations apply to day-to-day business activities.

The position is responsible for providing legal advice, liability prevention strategies, and risk management services in diverse areas related to the policy and practices of the Commission. The position represents the Commission in 20-30 violation cases per month and in contested cases before the Office of Administrative Hearings and acts as an in-house counsel to the ABC Commission staff.

This position handles inquiries and legal problems (including contract review) presented by more than 250 beer and wine wholesalers and 1,200 out-of-state importers, wineries and breweries. Inquiries range from simple questions on the hours of sale to more complex questions of how to lawfully bring non-approved wines from foreign countries into North Carolina. Local government officials call to discuss the impact of proposed local zoning ordinances and the types of retail businesses that can operate within the zones. Local ABC Boards seek advice on the proper procedure to purchase real property or how to terminate a contract to purchase parcels of real estate.

Some overnight travel required.

Knowledge Skills and Abilities/Management Preferences

Salary Range $69,704.00 - $104,557.00

This is a full-time position (40 hours per week, Monday - Friday, 8am - 5pm) with State Benefits. DPS uses the Merit-Based Recruitment and Selection Plan to fill positions subject to the State Human Resources Act with the most qualified individuals. The Minimum Education and Experience (E&E) is REQUIRED to qualify for this position.

To view an example of total compensation, please click here NC OSHR: Total Compensation Calculator. Management Preferences, including Knowledge, Skills, and Abilities (KSAs), are not required but may be used to determine the pool of most qualified applicants. Managers may also choose to interview/select applicants who demonstrate Management Preferences.

Management Preferences:

• Experience interpreting and applying laws and/or constitutional provisions and/or statutes, administrative regulations and court decisions.
• Experience working with legal issues such as public policy and/or issues specific to the ABC Commission that are related to local government entities.
• Experience working with legislative processes.

The NC Dept. of Public Safety must adhere to the US Dept. of Justice Final Rule on the "National Standards to Prevent, Detect, and Respond to Prison Rape." PREA Hiring and Promotion Prohibitions Selected applicants for positions which are subject to PREA will undergo a PREA-specific background check. Our agency supports second-chance employment for individuals who were previously incarcerated, or justice involved, and we invite all potential applicants to apply for positions for which they may be qualified. Due to the nature of work performed in our agency, prior convictions and/or charges may prohibit employment for positions which are subject to PREA or other position-specific background checks.  

Public Service Loan Forgiveness Program   

For applicants with student loans, becoming a state employee may include eligibility for the Public Service Loan Forgiveness Program. Visit www.studentaid.gov to learn more.  

  

Transcripts  

• Attaching transcripts is optional; however, we recommend applicants attach unofficial transcripts to assist in providing credit for education including in substituting education gained for experience. Additionally, qualifying for some positions may require validating hours of coursework in a specific field of study and transcripts are crucial to awarding credit. Degrees and transcripts must be achieved from an appropriately accredited college or university.     

• Applicants who earned college credit hours but did not complete a degree program must attach an unofficial transcript to receive credit for education.  

• International degrees and transcripts must be evaluated for accreditation by a recognized evaluation service by the closing date of this posting.  Failure to provide documentation may result in ineligibility. The National Association of Credential Evaluation Services (NACES) has several options to provide credential verification: https://www.naces.org/members.   

  

Military Experience   

• Applicants seeking Veteran's Preference must attach a DD-214 Form (Certificate of Release or Discharge from Active Duty that includes Character of Discharge - Member 4 or Service 2 form) to the application.  

• Applicants seeking National Guard Preference:   A current member of the North Carolina National Guard in good standing must attach a NGB 23A (RPAS).   A former member of the North Carolina National Guard who served for at least 6 years and was discharged under honorable conditions must attach either a DD256 or NGB 22.  

Due to the volume of applications received, we are unable to provide information regarding the status of your application. Please log in to your Workday account to check the status of your application. If you are selected for an interview, you will be contacted by the hiring manager. If you are no longer under consideration, you will receive an email notification when the position is filled. 

  

For more information about the application process, please visit State Application Resources/Frequently Asked Questions. For technical issues related to your Workday applications, please place a support ticket. For basic information regarding employment with North Carolina State Government, please call (984) 236-0800. If there are any questions about this specific vacancy other than your application status, please contact Teresa Mitchell at teresa.mitchell@ncdps.gov.

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Minimum Education and Experience

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details.

Juris Doctor from an appropriately accredited institution and two years of related professional legal or programmatic experience.

EEO Statement

The State of North Carolina is an Equal Employment Opportunity Employer and dedicated to providing employees with a work environment free from all forms of unlawful employment discrimination, harassment, or retaliation. The state provides reasonable accommodation to employees and applicants with disabilities; known limitations related to pregnancy, childbirth, or related medical conditions; and for religious beliefs, observances, and practices.

Recruiter:

Teresa A Mitchell

Recruiter Email:

TERESA.MITCHELL@NCDPS.GOVWatch This Video for Tips on Applying in Workday: