Staff Attorney II

II. Job Description

Performs routine (journey-level) legal and administrative work for the Texas Behavioral Health Executive Council. Assists the General Counsel with managing prolonged, complex, or unusual legal cases. Reviews substantive complaints against licensees and prepares, gives notice and negotiates agreed orders for disciplinary action. Interprets laws and regulations; gives legal advice; prepares and reviews opinions, briefs and other legal documents; prepares for, and represents agency in administrative hearings; assists as needed with drafting and revising rules of the Council for submission to the Texas Register; approves non-standard open-record requests; reviews applicant and licensee criminal history records; reviews proposed legislation as necessary. Works under the direction of the General Counsel.

III. Qualifications

A. Minimum Qualifications

• Graduation from an accredited law school
• Licensed to practice law in the State of Texas.
• Knowledge of rules of evidence, civil procedure, and administrative procedure.
• Knowledge of personal computer and standard office equipment.
• Ability to write clear, articulate, and accurate letters, opinions, briefs, and pleadings.

B. Preferred Qualifications

· Two years of experience as a full-time licensed attorney in administrative, civil, or criminal law.

· Skill in working with investigative/enforcement staff.

· Experience in mental health care field or regulatory agency.

· Knowledge of Administrative Procedure Act, Public Information Act, and Open Meetings Act.

· Knowledge of federal and state laws affecting the agency.

· Knowledge of general investigative procedures.

· Experience conducting hearings at the State Office of Administrative Hearings.

C. Knowledge and Skills

• Problem solving and reasoning skills.
• Ability to communicate effectively both verbally and in writing.
• Ability to deal with professionals and members of the public in adversarial conditions.
• Ability to organize and multi-task.
• Ability to meet deadlines.
• Ability to abide by agency’s policies and procedures.
• Ability to set priorities.
• Ability to work under pressure.

IV. RESPONSIBILITIES

• Prepares for and represents agency in administrative proceedings before the State Office of Administrative Hearings.
• Reviews complaints filed with the agency for statutory jurisdiction.
• Advises the Council’s investigators regarding evidence needed to prove charges. Prepares, in conjunction with the Council's investigators, Notices of Hearing, Agreed Orders, and other legal documents relating to formal and informal disposition of contested cases and administrative proceedings.
• Represents the agency when negotiating informal disposition of contested cases and administrative proceedings.
• Assists with rule reviews and review of proposed rules for legal sufficiency and compliance with the Administrative Procedures Act.
• Reviews criminal history reports on licensees and applicants.
• Monitors the development and enactment of state and federal laws which have an impact upon the mental health care field or the member Board’s practices of psychology, counseling, social work or marriage and family therapy.
• Assists with monitoring the Council's compliance with relevant state laws.
• Provides assistance to the Attorney General's Office, appropriate local, state and federal prosecutors, and other enforcement agencies involved in the investigation or prosecution of licensees and unlicensed practitioners.
• Provides information, interpretations, and explanations of the Council’s rules to Council members, Board members, agency staff and the general public.
• Provides legal advice regarding matters affecting the agency as requested by the General Counsel.
• Drafts and submits correspondence for the Executive Director’s signature in situations requiring particularized legal knowledge.
• Performs compliance monitoring of licensees under Agreed Order.
• Attends court proceedings involving the agency as directed by the General Counsel.
• Performs other related duties as required.

V. Work Supervised by: General Counsel

VI. Conditions of Employment

· Adhere to personnel policies.

· Eligible for telecommuting and flex-time.

· Works required hours.

· Accessible by telephone when necessary.

V. How to Apply. Submit a State of Texas application form to:

Texas Behavioral Health Executive Council
Attn: Jennifer Noack
1801 Congress Ave., Ste. 7.300
Austin, TX 78701
Email: jennifer.noack@bhec.texas.gov
Job #: 16917079 (www.workintexas.com)

Applications must be received by 5pm on the job posting close date to be considered. State of Texas Application forms, and instructions for the form, may be found at: https://bhec.texas.gov/employment/. Only complete State of Texas application forms submitted to the email address listed above will be considered, resumes submitted without the State of Texas application form will not be considered.

Job Type: Full-time

Pay: $82,000.00 per year

Job Type: Full-time

Pay: $82,000.00 per year

Work Location: In person