Paralegal 2 - Dispute Resolution Court Clerk

EDUCATION / EXPERIENCE

The above competencies are typically acquired through a combination of education and experience equivalent to:

• A two-year degree in paralegal studies and/or 5 years of job-related legal work experience.

• Work experience should be made up of legal research and litigation support, especially in civil and regulatory law.

• Other combinations of education and experience will be evaluated on an individual basis. 

 

Our services impact EVERY Montanan!

 

MISSION STATEMENT            

To be the nation's most citizen oriented, efficiently administered, state tax agency.             

The Montana Department of Revenue administers almost 40 state taxes, property appraisals, liquor laws, unclaimed property, and cannabis law for the state of Montana. The Legal Services Division provides support for the Director and Department employees relating to tax policy, legal, human resources, training, enterprise planning, communications and taxpayer assistance, dispute resolution, call center, accounting and budgeting, contracts, facilities and purchasing, and security.

What We Can Offer You

The State of Montana's comprehensive benefits package includes:

• Health, dental, and vision care; life insurance; and long-term disability. The State currently contributes $12,648/year toward these benefits.

• Free health care for employees and eligible family member at Montana Health Centers.

• Employee Assistance Benefits including counseling, legal assistance, well-being coaching, financial information, which are free resources.

• Retirement plans- The State currently contributes 9.17%, vested after 5 years of continuous employment.

• Paid vacation- starting at 15 days a year.

• Sick leave- 12 days a year.

• 11 holidays, including a floating holiday, which can be used any time.

• Flexible hours.

• Eligibility to participate in the Public Service Loan Forgiveness (PSLF) program.

Visit the Health Care and Benefits Division for more information at https\://benefits.mt.gov/. In addition to employee benefits, there are a wide range of advancement opportunities throughout the Department of Revenue.

 

DUTIES

Job Overview:

This position resides in the Director's Office Division of Department of Revenue.  The Law Clerk provides substantive and administrative support to the Administrative Law Judges (ALJ) to ensure that taxpayers, licensees, license applicants, and the public have access to an effective and impartial judicial process. The incumbent may docket cases; draft procedural legal documents and general correspondence; conduct basic legal and technical research; initiate and maintain legal files and records; prepare and maintain records and final agency decisions for the ALJ; and provide ongoing administrative and logistical support services. The position reports to the Chief Administrative Law Judge and does not supervise other staff.

Key Responsibilities Include:

·         Receives and processes all appeal requests for ODR. Creates an electronic case file; ensures that all the pertinent information and data is appropriately captured. If a case is scheduled for hearing, the clerk will create a hard copy case file, which will include all legal pleadings, schedules, research, exhibits, and correspondence for the appeal.

·         Reviews appeal documents to identify parties, appropriateness and timeliness of appeal, and subject matter of appeal.

·         Dockets upcoming proceedings and notifies the ALJ, appellant(s), department staff, and attorneys of significant dates and changes to ensure conformance with statutory timelines which requires comprehension of the statutory deadlines under the Rules of Civil Procedure, Montana Code Annotated Title 15 and Title 16, and Montana Administrative Procedure Act (MAPA) to ensure appropriate  deadlines are met for the appropriate action(s).

·         Schedules procedural conferences using electronic calendaring, telephone, and e-mail correspondence while balancing schedules of all affected parties against required timelines. Dates for conferences or hearings are calendared in Microsoft Outlook and conveyed to external parties via a formal ODR order. Manages case files (whether electronic or paper) to ensure compliance with statutory, administrative rule and procedural timeframes, as well as for agency confidentiality and records retention protocols.

·         Assists the ALJs by independently drafting administrative documents such as reports, correspondence, and procedural orders.

·         Attends in-person hearings, operates recording equipment, takes notes, receives exhibits, and other case-related materials.

·         Processes the transcription of hearing audio internally, or coordinates with external vendors to ensure an accurate record of the proceedings is captured in a timely manner.

·         Conducts independent legal research using manual and computerized resources to identify the appropriate laws, judicial decisions, legal articles, legislative history, and other background materials that are relevant to case issues based on guidance from the ALJ.

·         Tracks and comments on potential legislation impacting ODR for purposes of understanding and implementing legislative changes through new or amended administrative rules.

·         Provides technical/legal citation review and editing of the Final Agency Decisions (FAD) for all tax, cannabis and alcohol protest matters, and the proposed agency decisions for all alcoholic beverage matters which are drafted by the ALJs. Disseminates FADs to the appropriate parties to an appeal.

·         Prepares the formal ODR administrative record of an appeal used in judicial review proceedings by compiling the FAD, exhibits, and other documents, certifying the authenticity of the record, and timely submitting the record to the appropriate court. Calendars appeal deadlines.

·         Provides ongoing administrative support to the ALJs; reviews and prioritizes mail; coordinates meeting and hearing facilities; travel and training arrangements; and other services as needed.

 

Knowledge of:

• Montana tax law and tax cases.

• Procedural court rules, including\: Federal Rules of Civil Procedure, Montana Rules of Civil Procedure, Rules of Appellate Procedure, Rules of Evidence, Uniform District Court Rules, and the Montana Administrative Procedure Act.

• Bill drafting concepts and legislative history research.

• Civil litigation techniques and trial strategies.

• The Constitutions of Montana and the United States.

• Legal research methods and procedures.

• Basic principles, practices, and terminology relative to state and federal laws, case law, and court rulings in the assigned area(s) of work.

• Operations of state government and administrative procedures.

 

Skills in:

• Research and analysis

• Editing

• Organization

• Conflict resolution

• Customer service

• Microsoft programs, particularly Outlook, Word, and Excel, and other database applications

• Adobe Acrobat Pro

• Written, verbal, and interpersonal communication

 

Ability to:

• Produce work with accuracy and attention to detail

• Demonstrate self-motivation

• Follow instructions

• Foster and maintain healthy working relationships

• Provide timely customer service

• Manage multiple priorities under deadlines

 

To be considered for any DOR position, applicants must complete and submit their application online and upload any required documents. Successful applicants are required to successfully pass DOR tax and background check(s). DOR is an equal opportunity employer. Women, minorities, and people with disabilities are encouraged to apply.

***This is an incomplete list of job duties. For a complete job description please contact Human Resources. (dorhr@mt.gov or 406-444-9858)

(All computer systems and tax guidelines will be trained on the job.)

 

REQUIRED APPLICATION MATERIALS

Please submit the following application material:

• Resume

• Complete state application

Submissions incomplete or missing relevant materials will not be reviewed or considered.

 

Special Requirements

Eligibility for employment will be subject to the following:

• Criminal Background Check. Circumstances involving convictions will be reviewed

• Tax status must be current. Circumstances involving tax status issues will be reviewed

 

Working Conditions

• Work hours may exceed 40 hours from time to time, including weekends.

• Office environment.

• Lifting is infrequent, less than 25 pounds.

• Some travel may be required, must have a valid driver’s license.

 

REMOTE/TELEWORK: This position may be eligible to work from an approved worksite, however the successful candidate must be a primary resident of Montana as a condition of employment. This position would be required to report to a Department of Revenue office assigned by the supervisor. Employees must meet and sustain Department of Revenue telework eligibility requirements and supervisor's approval to participate in the DOR Telework Program. Fulltime telework is not available.

 

Training Assignment:  This agency may use a training assignment. Employees in training assignments may be paid below the base pay established by the agency pay rules. Conditions of the training assignment will be stated in writing at the time of hire.

 

Applicant Pool Statement:  If another department vacancy occurs in this job title within six months, the same applicant pool may be used for the selection.

 

Successful applicants are required to successfully pass DOR tax and background check(s).

The State of Montana has a decentralized human resources (HR) system. Each agency is responsible for its own recruitment and selection. Anyone who needs a reasonable accommodation in the application or hiring process should contact the agency's HR staff identified on the job listing or by dialing the Montana Relay at 711. Montana Job Service Offices also offer services including assistance with submitting an online application.

State government does not discriminate based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, age, physical or mental disability, genetic information, marital status, creed, political beliefs or affiliation, veteran status, military service, retaliation, or any other factor not related to merit and qualifications of an employee or applicant.