Associate Counsel

Duties Description

• Prosecuting physicians, physician assistants, and specialist assistants for professional misconduct as defined in New York Education Law65306531, pursuant to Public Health Law230 et seq. and other applicable laws and regulations.
• Preparing statements of charges, consent agreements and orders, non-disciplinary orders of conditions, surrenders, temporary surrender, permanent surrenders, interim out-of-practice agreements, Public Health Law Section 230(7) stipulations of orders, subpoenas, and other required legal documents.
• Developing litigation strategies.
• Reviewing the quality and quantity of investigative materials and suggesting any other information to be gathered.
• Preparing assigned disciplinary cases against physicians, physician’s assistants, and specialist assistants. This includes reviewing the investigative file, ensuring that all required evidence to prove the charges is assembled, preparing witness for administrative hearings, and communicating with opposing counsel.
• Presenting assigned disciplinary cases for the Department of Health before the State Board for Professional Medical Conduct. An Associate Counsel must present cogent oral argument and introduce the evidence necessary to prove the charges as well as oppose the Respndent’s arguments by appropriate objections, cross-examination and oral argument.
• Conducting legal research as questions arise. This includes examining statutory and case law and preparing memoranda which present results of the research.
• Preparing post-hearing Findings of Fact and Conclusions of Law, and briefs on appeal to the Administrative Review Board.
• Advising OPMC management, supervisors and investigative staff regarding case resolutions, legal requirements, evidentiary issues, procedures, etc.
• Advising Department of Health program staff on relevant aspects of Professional Medical Conduct.
• Advising Chief Counsel or Deputy Counsel, in a timely manner, of any significant developments in assigned cases.
• Making timely, contemporaneous notes in the Hearing Tracking System regarding case events.
• Other related duties

Minimum Qualifications

• Law degree from an accredited law school; admission to, and member in good standing, of the New York State Bar; and 4 years of relevant post-bar experience.

Preferred Qualifications

• Excellent speaking, writing and research skills
• Three years or more experience in administrative hearings or criminal or civil litigation.
• Prosecutorial experience.

Additional Information

• These positions may also be filled in New York City. New York City employees will receive a downstate adjustment of $4,000.
• This position may require travel throughout New York State including overnights to areas not served by public transportation.
• When reviewing qualifications, omissions and vagueness cannot be interpreted in the candidate’s favor. Candidates are responsible for providing accurate and clear descriptions of their experience demonstrating how they meet the minimum qualifications.
• For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.

Benefits

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

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