TDA - Legal - Assistant General Counsel

The Texas Department of Agriculture's Legal Services Division's Enforcement Section investigates violations of state and federal pesticide, herbicide, Right-to-Know laws and regulations, consumer laws and programs, plant quality, seed quality, weights and measures, commodity warehouses, egg quality, and the Agricultural Protective Act.

About the role

The Assistant General Counsel will perform entry-level to moderately complex legal work for the Texas Department of Agriculture's Enforcement Division. They will plan and organize legal services; interpret laws and regulations; prepare legal opinions, briefs, and other legal documents including notices of violation; render legal advice and counsel to the client agency; handle calls from the public concerning agency enforcement activities; consult with trial attorneys, including assisting in the preparation of cases for trial; represent the agency at administrative hearings to assess administrative penalties for violations of laws and regulations within TDA's jurisdiction; process public information requests; and assist with appeals of program decisions.

Responsibilities

• Prosecute assigned cases involving TDA's regulatory functions.
  • Assist in informal and formal case review.
  • Draft and issue notices of violation and other enforcement notices or actions.
  • Draft pleadings and appropriate discovery documents.
  • Draft and file proposed findings of fact and conclusions of law, exceptions to proposals for decision, and responses to such exceptions, motions for rehearing, or other motions attendant to the contested-case process.
  • Represent the agency in hearings before administrative law judges.
  • Negotiate and settle cases referred for prosecution as appropriate.
  • Cook with TDA staff and other state agencies or private parties regarding the presentation of evidence, including expert testimony.
• Review cases for which prosecution is deferred or unwarranted.
• Assist with providing/Provide formal and informal legal advice to assigned programs in the agency, including reviewing and drafting contracts or other agreements, correspondence, forms, penalty schedules, regulations, proposed legislation and other miscellaneous documents.
• Provide legal analysis and research support for the General Counsel on issues related to TDA regulatory enforcement programs and regulatory program functions, as assigned.
• Aid with preparation/Prepare training materials for TDA employees on legal issues, including investigative techniques, and present such materials, as assigned.
• Aid with preparation/Prepare and provide presentations to the public and regulated community regarding TDA programs.
• Review/Provide legal advice on and review materials submitted by requestors under the Texas Public Information Act or sent in response to such requests.
• Handle calls from the public regarding agency functions and enforcement activities.
• Aid with the preparation of agency statistical information for the Legislative Budget Board, Environmental Protection Agency or other reporting purposes.

Qualifications

• J.D. or LL.B. Degree from an accredited four-year college or university with a license to practice law in the State of Texas.
• Experience performing legal research and preparing briefs or memorandum of law.

Requirements

• J.D. or LL.B. Degree from an accredited four-year college or university with a license to practice law in the State of Texas.
• Work experience as a licensed attorney analyzing legal problems, preparing sound opinions and interpreting laws and/or regulations.
• Work experience preparing and/or litigating cases in civil or criminal trials or administrative hearings.
• Work experience performing legal research and preparing briefs.
• Preferred qualifications: Employment or clerkship with a governmental agency or prosecutor's office, in an administrative enforcement division.