Attorney I (Enforcement)

GENERAL DESCRIPTION: 

Performs entry-level to routine (journey-level) legal work.  Work involves investigating and litigating administrative actions against agency licensees and permittees for violations of the Texas Alcoholic Beverage Code and Texas Administrative Code, overseeing and planning legal activities, preparing legal documents, participating in hearings, interpreting laws and regulations, and rendering legal advice and counsel. May supervise the work of others. 

ESSENTIAL JOB FUNCTIONS (EJFs): 

(60%) Prepares contested cases for administrative hearings and represents the agency in those hearings at the State Office of Administrative Hearings.

• Drafts briefs and pleadings.
• Schedules hearings, prepare subpoenas, conduct discovery, depose witnesses, and participate in mediations.
• Assists in the investigation and resolution of alleged violations of applicable laws and rules.
• Enforces agency statutory and regulatory provisions and prosecute violations.
• Ensures the adequate, effective, and timely preparation, presentation and completion of investigations, cases, and/or legal projects assigned.

(15%) Plans and organizes legal activities.

• Researches and analyzes legal issues and interpret laws, regulations, and rulings.
• Assists in formulating, coordinating, and establishing policies and procedures.
• Advises agency management and staff on legal matters and on the interpretation and application of agency regulations, agency policies and procedures, and state and federal laws.
• Coordinates the preparation of legal opinions, briefs, contracts, proposals, and reports.

(10%) Reviews drafts of laws, rules, and regulations affecting agency operations.

• Assists in formulating, coordinating, and establishing policies and procedures.
• May research, draft, or assist in drafting bills and amendments for legislative consideration.
• May draft memoranda on regulatory matters and administrative rules for the Texas Register.

(10%) May serve as a liaison with:

• Complainants in administrative hearings or with their authorized representatives.
• Office of the Attorney General when the agency is a party to litigation.

MINIMUM QUALIFICATIONS: 

Graduation from an accredited law school with a Juris Doctor (JD) degree.

Member in good standing with the State Bar of Texas. 

Licensed as an attorney by the State of Texas.

Experience with administrative law, civil procedure, rules of evidence, and courtroom/hearing settings (including moot court competition).

KNOWLEDGE, SKILLS, AND ABILITIES: 

Knowledge of, or demonstrated ability to learn, legal principles, practices, and proceedings; of state and federal laws, rules, and regulations; and of agency administrative rules and regulations. Specifically, working knowledge of or ability to learn Texas administrative law, and civil evidentiary techniques and procedural requirements.

Skill in legal research, writing, and analysis; in the use of a computer and applicable software (e.g., Microsoft Suite, Adobe Acrobat); 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 participate in 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, and to provide guidance to others.

REGISTRATION, CERTIFICATION OR LICENSURE:

Must be licensed as an attorney by the State of Texas.

Possess a valid Texas driver’s license.

PHYSICAL REQUIREMENTS AND/OR WORKING CONDITIONS: 

This position is eligible for hybrid in-person/telework assignment. The selected attorney will be required to work in the office at least three days a week until training is complete, and the attorney has demonstrated competency and the ability to work independently. 

The attorney’s in-person work schedule will be reevaluated at that point. For telework, the attorney must have a secure, dedicated workspace with internet service, ability to maintain a reliable consistent work schedule and be available for meetings and group collaboration via Microsoft Teams and other applications during regular business hours. 

MILITARY OCCUPATIONAL SPECIALIST (MOS) CODE: 

Veterans, Reservists or Guardsmen with an MOS or additional duties pertaining to the minimum experience requirements may meet the minimum qualifications for this position and are highly encouraged to apply:

For more information see the Texas State Auditor’s Military Crosswalk at

https://hr.sao.texas.gov/CompensationSystem/JobDescriptions

Supplemental Information

• The Texas Alcoholic Beverage Commission reserves the right to adjust compensation based upon legislative mandates in regard to TABC's and/or an employee's contribution to the Employees Retirement System. In compliance with Senate Bill 321, agencies that hire a person who has retired from the Employees Retirement System (ERS) or the Law Enforcement and Custodial Officers Supplemental Fund (LECOS) on or after September 1, 2009, are required to remit a surcharge each month the return-to-work retiree is employed. Candidates meeting these requirements will be offered a lower base salary to cover the surcharge. 
• The Commission will conduct a criminal history and driver record check with the Texas Department of Public Safety in accordance with applicable standards on all finalists for this position. 
• More than one position may be filled from this posting. 
• Applicants should clearly describe on their applications how they meet the minimum qualifications for the position. Qualifications may be verified through testing. Resumes will not be accepted in lieu of the completed application. Incomplete applications may not be considered. 
• The Immigration Reform and Control Act of 1986 requires all new employees to present proof of eligibility to work in the United States within three (3) days of being hired. The Texas Alcoholic Beverage Commission participates in E-Verify and will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security (DHS), with information from each new employee's Form I-9 to confirm work authorization; For more information, see: https://www.e-verify.gov/about-e-verify/what-is-e-verify
• Males between the ages of 18 and 25 years, inclusive, may be required to furnish proof of either selective service registration or exemption there from as a condition of state employment. The Texas Alcoholic Beverage Commission adheres to the Veteran's Preference granted in Chapter 657 of the Texas Government Code and the Former Foster Children Preference granted in Chapter 672 of Section 1, Subtitle B, and Title 6 of the Texas Government Code