Board Counsel

Description

About the Organization :

The Division of Occupational Licensure (DOL), an agency within the Office of Consumer Affairs and Business Regulation (OCABR), protects consumers by making sure the professionals they hire comply with state licensing laws.

DOL oversees 26 boards of registration, which license and regulate more than 500,000 individuals and businesses to practice over 100 trades and professions.

DOL also licenses and regulates the Office of Public Safety and Inspections (OPSI), and the Office of Private Occupational School Education (OS).

The mission of DOL is to protect the public health, safety and welfare by licensing qualified individuals and businesses to provide services to consumers.

In addition, it is the duty of the DOL to ensure fair and consistent enforcement of the licensing laws and regulations. DOL seeks to promote consumer protection, a fair and competitive marketplace, and education and outreach.

The Division of Occupational Licensure is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status.

We strive to reflect diversity in all facets and levels of our agency. The Division of Occupational Licensure values inclusiveness and diversity within their employee and management teams.

Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.

The Division of Occupational Licensure is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens.

About the Role :

The Board Counsel (Counsel II) is responsible for providing legal support and advice to assigned boards, divisions, units, and / or officeswithin the Division of Occupational Licensure, as well as the Office of Private Occupational School EducationandtheOfficeofPublicSafetyandInspections.

Assignmentsmayvary,basedonbusinessand / or operational needs.

Duties and Responsibilities : (these duties are a general summary and not all inclusive)

• Attendboardmeetingsandothermeetings related to assigned boards, divisions, offices, and / or units,and providelegalsupportand advicetothose bodiesonmattersthatcomebeforethem.
• Suchmattersmayinclude but are not limited to : legal issuesrelatingtothepracticeof regulatedoccupations; the open meeting law;

public records law; state ethics law; Agency and boardpolicies and procedures; andcourt decisions and litigation affecting agency and board operations and business.

• Advise assigned boards, divisions, offices, and / or units on the process governing the promulgation of regulations pursuant to G.
• L. c 30A, associated regulations, and other requirements. This includes, but is not limited to : drafting regulations on behalf of the occupations overseen by the incumbent’s assigned boards, divisions, offices, and / or units;
• advising on legal matters pertaining to proposed regulations; presenting the proposed regulations to theboard,division,officeorunit,aswellastheAgency,forreviewandapproval;
• preparedraftregulations, includingcovermemorandaandExecutiveOrder562filingforms,forreviewandapproval;scheduleand coordinate public hearing(s) for proposed regulations;
• modify regulations, if necessary, based upon public comment received from public hearing(s); present final draft of proposed regulations for review and approval;

and filefinal regulations with the Secretary of State's Office, including hard copy of proposed regulations with handwritten revisions.

Review,analyzeand summarizelegislationrelevanttoassignedboards,divisions,offices, and / orunits. Draft proposedlegislation;

preparememorandaforAgencyreviewand / orlegislativecommittees,supportingor opposing legislation.

• Adviseassignedboards, divisions,offices and / orunitsondisciplinarymatters beforethebody,aswellasthe conductof30Aadjudicatoryhearings,includingbutnotlimitedto : thereviewofpendingcasesregarding the sufficiency of evidence;
• provide advice regarding the conduct of investigative conferences; provide advice regarding whether to file an Order to Show Cause or dismiss a complaint;
• provide advice regarding proposed consent agreement terms to be attached to cases referred to the Office of Prosecutions;
• provide advice regarding participation of the board, division, office or unit in the conduct of adjudicatory hearings; provide advice regarding the settlement of cases pending prosecution;

review and comment on draft decisions by hearing officers; and provide advice regarding the final disposition of the case post-hearing, including review of final decisions and orders.

• Consult with other legal counsel and Agency officials regarding the appeal of decisions by assigned boards, divisions, offices, and / or units;
• act as the Agency contact with the Office of the Attorney General on such matters and advise the assigned assistant attorneys general regarding decisions that have been appealed, as well as litigation challenging board and Agency policies or regulations;

review pleadings to be filed on behalf of assigned boards, divisions, offices, units, and / or the Agency; and update the status of cases pending appeal in the monthly Outside Litigation Report.

• Provide legal support and advice regarding negotiation and drafting of contracts and related documents for assigned boards, divisions, offices and / or units.
• Identify opportunities for improving Agency processes, work product, and outreach. Work cooperatively with other Agency staff on project teams to improve existing processes and implement new ones, including but not limited to : writing regulations;
• designing and implementing processes for the implementation of new laws and regulations; designing and conducting training seminars, when appropriate, for other board counsel, board members, investigators, prosecutors, executive directors and other Agency staff and public and private sector groups, regarding board practices, the board complaint process, and administrative law;

and assisting in the development and maintenance of a form bank of documents for use by other board counsel and hearings officers in the Office of Legal Counsel.

Assist in the development and maintenance of a reference system of unpublished legal decisions relating to the boards, divisions, offices and / or units to which the incumbent is assigned.

Act as a liaison with representatives of other governmental agencies at the local, state and federal levels, and the private sector, to identify and resolve problems of common concern, (e.

g., human trafficking, carbon monoxide poisoning incidents, insurance fraud).

Provide other legal advice and administrative assistance, as needed or assigned.

Preferred Knowledge, Skills, and Abilities :

• Experienceinlitigationand / oradministrativehearingprocesses.
• Experienceinlegalresearch,legalwriting,andparticipationincivilproceduresandprocesses.
• Stronginterpersonalandorganizationalskills.
• Experienceworkingonlegalissuesinvolvedinthevarioustradesandprofessionsoverseenbythe Agency.
• Membership, in good standing, in the Massachusetts Bar is required.

All applicants should attach a cover letter and resume to their online submission for this position.

SALARY PLACEMENT IS DETERMINED BY YEARS OF EXPERIENCE AND EDUCATION DIRECTLY RELATED TO THE POSITION AND THE HUMAN RESOURCES DIVISION’S RECRUITING GUIDELINES.

IN THE CASE OF A PROMOTIONAL OPPORTUNITY, THE SALARY PROVISIONS OF THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT WILL APPLY TO (OR WILL BE UTILIZED FOR) PLACEMENT WITHIN THE SALARY RANGE.

Qualifications

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM ENTRANCE REQUIREMENTS : Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package.

We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics?