Administrative Hearings Attorney III

TX-HHSC-DSHS-DFPS • Bastrop, TX

1d • Hybrid

About The Position

This position represents the Department of Family and Protective Services before the State Office of Administrative Hearings (SOAH). Cases consist of due process hearings for findings of abuse and neglect of children. Work involves handling all aspects of legal representation in administrative hearings and taking appropriate measures to ensure the timely and appropriate resolution of those cases. This position performs highly complex (senior-level) legal work. Work involves overseeing and planning legal activities, preparing legal documents, participating in hearings, interpreting laws and regulations, and rendering legal advice and counsel. Works under limited supervision, with considerable latitude for the use of initiative and independent judgment.

Requirements

• Knowledge of legal principles, practices, proceedings, state and federal laws, rules, regulations, and agency administrative rules and regulations.
• Skill in legal research, writing, and analysis; in the use of a computer and applicable software; in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
• Ability to conduct hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal reference materials, to communicate effectively, and to supervise the work of others.
• Ability to synthesize law, administrative rules, agency policies and goals, and best practice recommendations to reach an appropriate interpretation.
• Must be licensed to practice law in Texas and in good standing with the State Bar of Texas.
• Graduated from an accredited law school.
• Licensed to practice law in the State of Texas and in good standing with the State Bar of Texas.

Responsibilities

• Manages the legal workload to ensure deadlines are met to ensure successful outcomes for the agency.
• Interacts routinely with caseworkers, supervisors, program directors, and program administrators; agency attorneys, county and district attorneys, assistant attorney generals, and opposing counsel; judges, agency clients, witnesses, community professionals, and expert witnesses; and protective services clients and the general public regarding legal activities.
• Prepares or supervises the preparation of legal opinions, briefs, contracts, notices, memoranda, reports, and other documents.
• Researches legal concepts, case law, judicial opinions, statutes, regulations on issues of concern and implication to DFPS, and drafts formal and informal memos for DFPS programs and executive management staff.
• Coordinates and responds to open records requests.
• Monitors changes in state and federal court cases, and rules.
• Coordinates specialized legal efforts with appropriate experts.
• Prepares cases for court trial, schedules State Office of Administrative Hearings (SOAH) hearings, interrogates witnesses, and prepares pleadings.
• Drafts fair hearing orders for adoption assistance and permanency care assistance denials as needed.
• Drafts legal sufficiency reviews for investigation findings that are appealed as needed.
• Provides expertise and instruction in family law, civil litigation, governmental and other state and federal laws, regulations, and agency policy to staff and public.
• Advises outside, county and district attorneys on legal matters.
• Coordinates and advises staff and the public on legal matters and on the interpretation and application of agency regulations and state and federal laws.
• Provides legal training to agency staff and the legal community on the interpretation and application of agency regulations and state and federal laws.
• Conducts presentations and provides information and testimony to agency leadership, legislative committees, state and federal agencies, and other groups and organizations on all matters that the agency may request information or on issues that external entities have expressed concerns related to agency actions.
• Provides legal assistance on adverse actions.
• Enforces required state and federal regulatory provisions for program areas to reduce liability of adverse impact on the agency.
• Prosecutes violations of state and federal regulatory provisions for program areas as required by said provisions to reduce liability of adverse impact.
• Drafts and reviews Memoranda of Understanding, policies and procedures, rules, and notices for the CPS program and other agency programs as needed.
• Provides consultation and advice concerning case specific questions and general issues of concern to DFPS programs and divisions.
• Consults on legal risks and liabilities on agency proposed actions and advises on ways to mitigate legal risks.
• Monitors changes in state and federal agency rules.
• Provides general support to DFPS programs in their activities to ensure compliance with applicable laws.
• Represents the agency in matters before a court or in SOAH hearings as appropriate.
• Handles informal administrative appeals.
• Prepares documents required for cases, including briefs and other court documents.
• Monitors the progress of all DFPS cases within the assigned area of responsibility and takes appropriate measures to ensure the timely and appropriate resolution of those cases.
• Prepares and reviews exhibits and discovery, summarizing materials.
• Drafts, reviews, and analyzes state and federal legislation that impacts the agency.
• Consults with management concerning legal ramifications of possible changes in overall practices and procedures.
• Assists in preparing subpoenas reviewing SOAH hearings and civil litigations to determine appropriate staff to appear as witnesses.
• Assists in collecting records, and documentation from program and/or staff to respond for agency programs at SOAH hearings and civil litigations.
• Drafts memoranda and follow the draft rules through the process for publication in the Texas Register and adoption in the Texas Administrative Code as needed.
• Determines when legislative initiatives are required for statutory changes to help the agency programs effectively carry out their duties through review of gaps in policy or the law.
• Assists DFPS program staff in understanding the impact of the bill and actions the agency will need to take if the bill passes to ensure compliance with the law and to make sure staff are meeting required statutory timeframes.
• Provides timely and expert resource assistance to DFPS government relations staff and the legal legislative coordinator.
• Responds to questions from the state legislative offices concerning existing law, potential statutory changes, and current program policies and procedures as needed.
• Testifies and serve as a resource witness during legislative SOAH hearings when needed.
• Represents the agency in administrative SOAH hearings including before the Texas Workforce Commission as needed.
• May supervise work of others.
• Performs related work as assigned.

Benefits

• 100% paid health insurance for you, and 50% paid for eligible family members
• Retirement plans with lifetime monthly payments after five years of state service
• Options to save even more with 401(k) and 457 plans
• Paid vacation, holidays, and sick leave
• Optional dental, vision, and life insurance
• Flexible spending accounts for added tax savings on health and dependent care
• Employee discounts on things like gym memberships, electronics, and entertainment
• Public Service Loan Forgiveness

What This Job Offers

• Job Type: Full-time
• Career Level: Senior