ECMC Enforcement Advisor (Compliance Specialist IV) - Hybrid

JOB
This posting is only open to residents of the State of Colorado at the time of submitting your application. Are you interested in investing in a career that makes a difference? Consider joining the dedicated people of the Colorado Department of Natural Resources. It’s our mission to manage and conserve Colorado’s natural resources for the benefit of people today – and tomorrow. That means we have to balance development with conservation so the state we all love provides similar opportunities for our children and their children. We invite you to explore our website at https://dnr.colorado.gov/about-us to find out more about the work we do to manage Colorado’s natural resources for today – and tomorrow. The State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. In addition to offering rewarding, meaningful work, we offer: Medical, Vision and Dental plansStrong, flexible retirement plans including PERA Defined Benefit Plan or PERA Defined Contribution Plan, plus pre-tax and Roth 401K and 457 plansPaid life insuranceShort- and long-term disability coverageEmployee Wellness programsFlexible Spending AccountsHealth Savings Accounts11 paid holidays per year plus generous vacation and sick leaveFlexible work schedule options and remote-work optionsCareer advancement opportunities throughout the State systemSome positions may qualify for the Public Service Loan Forgiveness Program For more detailed information, please visit State of Colorado Employee BenefitsAbout Colorado Energy & Carbon Management Commission (ECMC): The mission of the Colorado Energy & Carbon Management Commission (ECMC) is to regulate the development and production of oil and gas, deep geothermal resources, the capture and sequestration of carbon, and the underground storage of natural gas in a manner that protects public health, safety, welfare, the environment and wildlife resources. Our agency seeks to serve, solicit participation from, and maintain working relationships with all those having an interest in Colorado's energy resources. The Enforcement team is tasked with determining Operator compliance with rules adopted by the Colorado Energy and Carbon Management Commission (ECMC) to protect public health, safety, welfare, the environment and wildlife resources. The team includes enforcement advisors, enforcement supervisors, an NOAV Specialist, and the unit manager. The Enforcement team performs the following functions: 1. Initiate enforcement actions when compliance cannot be obtained cooperatively;2. Negotiate enforcement actions to pursue cooperative settlement;3. Prosecute contested enforcement actions before Hearing Officers, ALJs, or the Commission;4. Provide technical knowledge and guidance to the regulated community, ECMC Staff, and external stakeholders; 5. Evaluate and propose new rules and regulations or modifications to existing rules and regulations for implementation by ECMC6. Provide expert testimony to the Commission or other regulatory agency regarding compliance of oil andgas facilities with ECMC rules and the Colorado Oil and Gas Conservation Act.7. Represent the ECMC at public outreach events and meetings and conduct stakeholder meetings.

EXAMPLE OF DUTIES
This posting is only open to residents of the State of Colorado at the time of submitting your application. Position Summary: This position obtains compliance with and prosecutes violations of the Commission’s Rules as follows: 1. Assesses legal advice in the course of investigating alleged violations of Commission Rules and the issuance of Notices of Alleged Violation (NOAVs)2. Assembles and leads a work team comprised of ECMC and Office of the Attorney General staff with subject matter expertise related to the specific complaint3. Prepares enforcement cases for hearing and represents ECMC Staff before a Hearing Officer, AdministrativeLaw Judge, or the Commission in contested enforcement hearings4. Negotiates settlements with violators of the Act and Commission Rules5. Prepares all filings and other documents related to the prosecuting of an enforcement case6. Prepares draft final orders in contested mattersThe seven Enforcement Advisor positions function as the Work Lead of the subject matter expert team assembled to prosecute each case. The subject matter expert team consists of Environmental Supervisors, Planning and Permitting Supervisors, Compliance Supervisors, and Engineering Supervisors, or their designated representatives.Additionally, the position will be called upon to support other unit functions as necessary, including responding to open records requests.Prosecute Enforcement Cases – Consent Decrees: Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOC’s) and manage enforcement cases from beginning to end. Directly negotiate AOC’s to their resolution and prepare settlement documents to resolve enforcement actions.Decide the best strategy, course of action, and terms or conditions to use in the settlement of the ECMC’s enforcement actions to ensure compliance with applicable law and department and agency policy objectives.Decide the appropriate legal and regulatory citations to include in NOAVs and AOCs.Assess appropriate fines for violations of ECMC rulesProsecute Contested Enforcement Actions: Prosecute contested enforcement actions of alleged violations of the Rules, the Act and ECMC orders before a Hearing Officer, Administrative Law Judge, or the Commission. The Enforcement Advisor will be required to identify witnesses and exhibits, prepare witnesses, prepare direct and cross examination, prepare opening and closing statements, and prepare draft and final Commission enforcement orders. Additionally, this position will provide policy, technical and legal assistance and guidance to agency staff in the engineering, environmental, compliance, permitting, production, and financial assurance units on the proper methods to gather facts, evidence, and witnesses as background and evidentiary information for NOAVs and Orders Finding Violations (OFVs).Decide the appropriate legal and regulatory citations to include in NOAVs and OFVs.Assess appropriate fines for violations of ECMC rules.Develop strategies and tactics in prosecuting matters before a Hearing Officer, Administrative Law Judge, or the Commission. This includes: developing case theories, witness preparation, responses to discovery, eliciting testimony from experts and professional witnesses, preparation of opening statements, closing arguments, and direct and cross examination.Enforcement Guidance to Technical Staff: Consult with management and technical staff to provide operational guidance and direction on the ECMC enforcement and compliance program and the issuance of NOAVs. Work with engineering, environmental, compliance, permitting, production, and financial assurance units to implement a consistent approach to compliance and the initiation of enforcement actions by issuance of NOAVs. Work with non-field units to implement a consistent and timely approach to ensure paperwork compliance. Work with the oil and gas industry to communicate compliance goals in an effort to gain voluntary compliance and reduce enforcement actions initiated by ECMC staff. Decide and explain the appropriate legal and regulatory citations to include on NOAVs, AOCs and OFVs.Evaluate the sufficiency of evidence and work with technical staff regarding information necessary to support enforcement actions.Coordinate various alleged violations with different technical staff units for a unified enforcement action.Confer with the regulated industry about compliance.Colorado Open Records Act (CORA) Response: Confer with the Attorney General’s Office and ECMC staff to ensure time-sensitive compliance with requests under CORA. Draft timely responses and ensure availability of responsive documents to the public. Assist Attorney General’s Office in formulating assertions of privilege and exemption from CORA.

SUPPLEMENTAL INFORMATION
The Assessment Process All applications received by the closing of this announcement will be reviewed by an HR Specialist against the Minimum Qualifications in this announcement. Colorado Revised Statutes require that state employees are hired and promoted based on merit and fitness through a comparative analysis process. Part of, or all of, the comparative analysis for this position will be a structured application review by Subject Matter Experts.Resumes, a writing sample and Cover Letter ARE REQUIRED with your application as it will be reviewed in later stages of the process. Be advised that resumes, cover letters and other attachments are not considered as part of initial reviews, therefore, it is important to document in your application your education, experience, minimum qualifications, and preferred qualifications as outlined in the job announcement. Please thoroughly answer all supplemental questions (if listed) since question responses may be evaluated for content, writing ability, spelling, grammar, and effective communication. This recruitment may involve additional testing and/or exams to arrive at the top group for interviews.Equity, Diversity, and InclusionThe State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. The State of Colorado is an equal opportunity employer committed to building inclusive, innovative work environments with employees who reflect our communities and enthusiastically serve them. Therefore, in all aspects of the employment process, we provide employment opportunities to all qualified applicants without regard to race, color, religion, sex, disability, age, sexual orientation, gender identity or expression, pregnancy, medical condition related to pregnancy, creed, ancestry, national origin, marital status, genetic information, or military status (with preference given to military veterans), or any other protected status in accordance with applicable law. The Department of Natural Resources is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or to perform essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAAA Coordinator, at dnr_hr_employeebenefits@state.co.usThe State of Colorado strives to create a Colorado for All by building and maintaining workplaces that value and respect all Coloradans through a commitment to equal opportunity and hiring based on merit and fitness.The State is resolute in non-discriminatory practices in everything we do, including hiring, employment, and advancement opportunities.ADAAA AccommodationsAny person with a disability as defined by the ADA Amendments Act of 2008 (ADAAA) may be provided a reasonable accommodation upon request to enable the person to complete an employment assessment. To request accommodation, please contact our Benefits Specialist at dnr_hr_employeebenefits@state.co.us at least five business days before the date that any accommodation will be required to allow us to evaluate your request and prepare for the accommodation. You may be asked to provide additional information, including medical documentation, regarding functional limitations and type of accommodation needed. Please ensure that you have this information available well in advance of the assessment date. E-VerifyThe Department of Natural Resources participates in E-Verify in accordance with the program's Right to Work for all newly-hired employees. Employees are queried through the electronic system established by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to verify identity and employment eligibility. You may complete section 1 of the I-9 form upon your acceptance of a job offer letter, but no later than your first day of employment and in addition, on your first day, but no later than the third day, you are required to submit original documents to verify your eligibility to work in the U.S. Learn more about E-Verify, including your rights and responsibilities. Toll–Free Applicant Support - Technical HelpIf you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV at 855-524-5627, Mon-Fri between 6 am and 6 pm (Pacific Time). The Human Resources Office will be unable to assist with technical issues. The Department of Natural Resources is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or to perform essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAAA Coordinator, at dnr_hr_employeebenefits@state.co.usADAAA AccommodationsAny person with a disability as defined by the ADA Amendments Act of 2008 (ADAAA) may be provided a reasonable accommodation upon request to enable the person to complete an employment assessment. To request accommodation, please contact our Benefits Specialist at dnr_hr_employeebenefits@state.co.us at least five business days before the date that any accommodation will be required to allow us to evaluate your request and prepare for the accommodation. You may be asked to provide additional information, including medical documentation, regarding functional limitations and type of accommodation needed. Please ensure that you have this information available well in advance of the assessment date. E-VerifyDNR uses e-Verify, an Internet-based system, to confirm the eligibility of all newly hired employees to work in the United States. Learn more about E-Verify, including your rights and responsibilities.Toll–Free Applicant Support - Technical HelpIf you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV at 855-524-5627, Mon-Fri between 6 am and 6 pm (Pacific Time). The Human Resources Office will be unable to assist with technical issues. BenefitsThe State of Colorado offers permanent employees a variety of benefits including medical, dental, life and disability insurance, as well as a comprehensive leave program. Please click the following link for detailed information: www.colorado.gov/pacific/dhr/benefitsPlease note that each agency's contact information is different; therefore, we encourage all applicants to view the full, official job announcement which includes contact information and class title. Select the job you wish to view, then click on the "Print" icon.