Rules Review Commission Counsel

Agency

Office of Administrative Hearings

Division

Rules

Job Classification Title

Rules Review Commission Counsel (NS)

Position Number

60088613

Grade

LG07

About Us

An independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies, investigation of alleged unlawful employment practices in state government, and codifying administrative rules.

Description of Work

The primary function of the commission counsel is to advise the RRC whether to approve a rule, object to a rule, or take some other action. The RRC is an independent commission staffed by the Rules Division of the Office of Administrative Hearings (OAH). Because the members of the RRC are not required to have rulemaking experience or to be licensed attorneys, it relies on the attorneys in the Rules Division for sound, consistent and independent legal advice regarding what action to take with respect to a rule. In addition to advice regarding new or modified permanent and temporary rules, commission counsel also advises the RRC regarding review and expiration of existing rules. Commission counsel reviews and analyzes existing rules of agencies subject to G.S. 150B and advises the RRC as to what actions to take regarding these rules. Commission counsel also provide general legal advice to the RRC, including advice related to open meetings, public records, commission procedures, and other matters pertinent to the work of the RRC. Commission counsel presents rulemaking training to assist State agencies, boards and commissions in complying with the State’s rulemaking requirements. Finally, commission counsel offers informal pre-reviews of rules at the request of a State agency, board, or commission. Commission counsel review proposed rules, similar to the review of rules pending before the RRC, and provide feedback to the agency regarding any statutory concerns or technical changes suggested prior to publication, thereby facilitating the rulemaking process.

Knowledge Skills and Abilities/Management Preferences

"Position Number 60088613 is a repost, previous applicants do not need to re-apply"

The primary function of the Commission Counsel is to review temporary and permanent administrative rules submitted by state government agencies to determine whether the rules are within the authority delegated to the agency by the General Assembly, clear and unambiguous, and otherwise in compliance with the Administrative Procedures Act (G.S. 150B). Counsel subsequently advises the RRC whether to approve a rule, object to a rule, or take some other action at its monthly meetings.

In addition, Commission Counsel also advises the RRC regarding review and expiration of existing rules pursuant to G.S. 150B-21.3A. Commission Counsel reviews and analyzes existing rules of agencies subject to G.S. 150B and advises the RRC as to what actions to take regarding these rules.

In this professional legal work, the Commission Counsel also provides general legal advice to the RRC, including advice related to open meetings, public records, Commission procedures, and other matters pertinent to the work of the RRC.

Commission Counsel presents rulemaking training to assist State agencies, boards and commissions in complying with the State’s rulemaking requirements.

Finally, Commission Counsel offers informal pre-reviews of rules at the request of a State agency, board, or commission. Commission counsel review proposed rules, similar to the review of rules pending before the RRC and provide feedback to the agency regarding any statutory concerns or technical changes suggested prior to publication, thereby facilitating the rulemaking process.

Pursuant to Article 2A of the APA, this position renders professional opinions to the Commission. This position is an employee of the Office of Administrative Hearings and reports to the Director of APA Services/Codifier of Rules. The Commission Counsel will also serve in any position and render any services required by the agency when requested WE ARE HIRING by the Chief Administrative Law Judge or the Director of APA Services/Codifier of Rules.

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.

Licensed to practice law by the North Carolina State Bar and three years of professional legal experience in State Government or experience related to the interpretation of State regulations. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.

EEO Statement

T he 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:

Brenda Rowe Cogan

Recruiter Email:

BRENDA.COGAN@OAH.NC.GOV