Agency Legal Consultant II

State of North Carolina•400 East Tryon Road Wake, NC

7d•$69,704 - $104,557•Onsite

About The Position

The Department of Public Safety's mission is to safeguard and preserve the lives and property of the people of North Carolina through preparation, prevention, and protection with integrity and honor. Our agency houses many public safety divisions, including Emergency Management, Juvenile Justice and Delinquency Prevention, Alcohol Law Enforcement, Samarcand Training Academy, and the North Carolina National Guard. Join us along with our more than 3,000 employees and 12,000 National Guard members in providing exceptional public safety services to the citizens of North Carolina. The ABC Commission is a self-supported agency with a special operating fund that was created in 1982 for the purpose of carrying out its mission. The Commission supports the State’s General Fund with deposits from collected application fees. The Legal Section of the Commission is responsible for interpreting and enforcing ABC laws and administrative rules to establish and maintain a uniform and consistent system of regulation of alcoholic beverages in North Carolina. The Legal Section provides alcoholic beverage control policy development and interpretation and representation for a state agency regulating a $4 billion per year industry. Providing support for policy development requires the Legal Section to research, review, analyze and apply: 1) national and international legal and economic trends; 2) pending and potential litigation affecting North Carolina, nationally and internationally; and 3) academic research in the areas of health and public policy. In addition, the Legal Section annually prosecutes an average of 1,450 violations of ABC laws and regulations. The position is responsible for providing legal advice, liability prevention strategies, and risk management services in diverse areas related to the policy and practices of the Commission. The position represents the Commission in 20-30 violation cases per month and in contested cases before the Office of Administrative Hearings and acts as an in-house counsel to the ABC Commission staff. This position handles inquiries and legal problems (including contract review) presented by more than 250 beer and wine wholesalers and 1,200 out-of-state importers, wineries and breweries. Inquiries range from simple questions on the hours of sale to more complex questions of how to lawfully bring non-approved wines from foreign countries into North Carolina. Local government officials call to discuss the impact of proposed local zoning ordinances and the types of retail businesses that can operate within the zones. Local ABC Boards seek advice on the proper procedure to purchase real property or how to terminate a contract to purchase parcels of real estate.

Requirements

Juris Doctor from an appropriately accredited institution and two years of related professional legal or programmatic experience.

Nice To Haves

Experience interpreting and applying laws and/or constitutional provisions and/or statutes, administrative regulations and court decisions.
Experience working with legal issues such as public policy and/or issues specific to the ABC Commission that are related to local government entities.
Experience working with legislative processes.

Responsibilities

Defending the Commission's decision to deny a permit application.
Representing the Commission in contested cases before the Office of Administrative Hearings (OAH).
Representing the Commission before legislative committees.
Drafting legislation and administrative rules and conducting public hearings for rulemaking.
Conducting hearings on wine franchise disputes.
Providing legal advice to the Chairman, the Commission members, the Commission staff, agents and staff of the Alcohol Law Enforcement Division of the Department of Public Safety, local ABC Board law enforcement officers, and officers from other law enforcement agencies.
Responding to inquiries from manufacturers, wholesalers, ABC Boards, permit holders and others in North Carolina, across the USA and from other countries.
Review of advertising and promotional materials, exemption requests from exclusive outlets and ineligible employee provisions, the legal impact a change in the form of business ownership may have on existing permits, application of the child labor statutes to "on" and "off premise" permittees, and how the ABC laws and regulations apply to day-to-day business activities.
Providing legal advice, liability prevention strategies, and risk management services in diverse areas related to the policy and practices of the Commission.
Representing the Commission in 20-30 violation cases per month and in contested cases before the Office of Administrative Hearings.
Acting as an in-house counsel to the ABC Commission staff.
Handling inquiries and legal problems (including contract review) presented by more than 250 beer and wine wholesalers and 1,200 out-of-state importers, wineries and breweries.
Discussing the impact of proposed local zoning ordinances and the types of retail businesses that can operate within the zones with local government officials.
Advising local ABC Boards on the proper procedure to purchase real property or how to terminate a contract to purchase parcels of real estate.