ECMC Enforcement Advisor (Compliance Specialist IV) - Hybrid

State of Colorado•Denver, CO

49d•Hybrid

About The Position

This posting is only open to residents of the State of Colorado at the time of submitting your application. This posting is being re-posted due to a failed recruitment in compliance with the provisions of the current 2025 hiring freeze. Are you interested in investing in a career that makes a difference? Consider joining the dedicated people of the Colorado Department of Natural Resources. It's our mission to manage and conserve Colorado's natural resources for the benefit of people today - and tomorrow. That means we have to balance development with conservation so the state we all love provides similar opportunities for our children and their children. We invite you to explore our website at https://dnr.colorado.gov/about-us to find out more about the work we do to manage Colorado's natural resources for today - and tomorrow. The State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. The mission of the Colorado Energy & Carbon Management Commission (ECMC) is to regulate the development and production of oil and gas, deep geothermal resources, the capture and sequestration of carbon, and the underground storage of natural gas in a manner that protects public health, safety, welfare, the environment and wildlife resources. Our agency seeks to serve, solicit participation from, and maintain working relationships with all those having an interest in Colorado's energy resources. The Enforcement team is tasked with determining Operator compliance with rules adopted by the Colorado Energy and Carbon Management Commission (ECMC) to protect public health, safety, welfare, the environment and wildlife resources. The team includes enforcement advisors, enforcement supervisors, an NOAV Specialist, and the unit manager. The Enforcement team performs the following functions: 1. Initiate enforcement actions when compliance cannot be obtained cooperatively; 2. Negotiate enforcement actions to pursue cooperative settlement; 3. Prosecute contested enforcement actions before Hearing Officers, ALJs, or the Commission; 4. Provide technical knowledge and guidance to the regulated community, ECMC Staff, and external stakeholders; 5. Evaluate and propose new rules and regulations or modifications to existing rules and regulations for implementation by ECMC 6. Provide expert testimony to the Commission or other regulatory agency regarding compliance of oil and gas facilities with ECMC rules and the Colorado Oil and Gas Conservation Act. 7. Represent the ECMC at public outreach events and meetings and conduct stakeholder meetings. This posting is only open to residents of the State of Colorado at the time of submitting your application. This posting is being re-posted due to a failed recruitment in compliance with the provisions of the current 2025 hiring freeze. Position Summary: This position obtains compliance with and prosecutes violations of the Commission's Rules as follows: 1. Assesses legal advice in the course of investigating alleged violations of Commission Rules and the issuance of Notices of Alleged Violation (NOAVs) 2. Assembles and leads a work team comprised of ECMC and Office of the Attorney General staff with subject matter expertise related to the specific complaint 3. Prepares enforcement cases for hearing and represents ECMC Staff before a Hearing Officer, Administrative Law Judge, or the Commission in contested enforcement hearings 4. Negotiates settlements with violators of the Act and Commission Rules 5. Prepares all filings and other documents related to the prosecuting of an enforcement case 6. Prepares draft final orders in contested matters The seven Enforcement Advisor positions function as the Work Lead of the subject matter expert team assembled to prosecute each case. The subject matter expert team consists of Environmental Supervisors, Planning and Permitting Supervisors, Compliance Supervisors, and Engineering Supervisors, or their designated representatives. Additionally, the position will be called upon to support other unit functions as necessary, including responding to open records requests.

Requirements

This posting is only open to residents of the State of Colorado at the time of submitting your application.
This posting is being re-posted due to a failed recruitment in compliance with the provisions of the current 2025 hiring freeze.
Seven (7) years of experience in an occupational field related to the work assigned to the position.
OR
A combination of related education and/or relevant experience equal to seven (7) years.
(Relevant experience would include but not be limited to experience drafting legal documents and participating in legal or administrative proceedings.)
Please note: The required experience must be substantiated within the work experience section of your application. Your resume will not be reviewed to determine if you meet the minimum qualifications; only the work experience section of your application will be reviewed to determine this. "See Resume" statements on the application will not be accepted. In addition, part-time work will be prorated.
Colorado residency is required at the time of application.
Former State employees who were disciplinarily terminated or resigned in lieu of termination must disclose the information on the application and provide an explanation why the prior termination or resignation should not disqualify their application from the current position. (Please Note: Absent extraordinary circumstances, prior disciplinary termination or resignation in lieu of termination will disqualify the applicant from future State employment with DNR).
Must be willing and able to possess and maintain a State of Colorado Driver's License.
Must be willing and able to travel to out of town hearings of the ECMC.
Must be willing and able to occasionally exert up to 20 lbs. of force to move objects.
You must be legally eligible to work in the United States to be appointed to this position. DNR does not sponsor non-residents of the United States.

Nice To Haves

Current or former State experience relevant to this position, especially experience working in regulatory compliance at an administrative agency.
Professional experience applying rules or laws at an administrative agency.
Attorney licensed in the State of Colorado.
Professional experience participating in trials and hearings, especially experience at an administrative agency.
Excellent legal writing and legal research skills.
Excellent negotiation skills, especially demonstrable experience crafting and memorializing negotiated settlements.
Experience giving presentations to diverse stakeholders.
Demonstrable experience managing numerous projects, each with distinct timelines.

Responsibilities

Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOC's) and manage enforcement cases from beginning to end. Directly negotiate AOC's to their resolution and prepare settlement documents to resolve enforcement actions.
Decide the best strategy, course of action, and terms or conditions to use in the settlement of the ECMC's enforcement actions to ensure compliance with applicable law and department and agency policy objectives.
Decide the appropriate legal and regulatory citations to include in NOAVs and AOCs.
Assess appropriate fines for violations of ECMC rules
Prosecute contested enforcement actions of alleged violations of the Rules, the Act and ECMC orders before a Hearing Officer, Administrative Law Judge, or the Commission. The Enforcement Advisor will be required to identify witnesses and exhibits, prepare witnesses, prepare direct and cross examination, prepare opening and closing statements, and prepare draft and final Commission enforcement orders. Additionally, this position will provide policy, technical and legal assistance and guidance to agency staff in the engineering, environmental, compliance, permitting, production, and financial assurance units on the proper methods to gather facts, evidence, and witnesses as background and evidentiary information for NOAVs and Orders Finding Violations (OFVs).
Decide the appropriate legal and regulatory citations to include in NOAVs and OFVs.
Assess appropriate fines for violations of ECMC rules.
Develop strategies and tactics in prosecuting matters before a Hearing Officer, Administrative Law Judge, or the Commission. This includes: developing case theories, witness preparation, responses to discovery, eliciting testimony from experts and professional witnesses, preparation of opening statements, closing arguments, and direct and cross examination.
Consult with management and technical staff to provide operational guidance and direction on the ECMC enforcement and compliance program and the issuance of NOAVs. Work with engineering, environmental, compliance, permitting, production, and financial assurance units to implement a consistent approach to compliance and the initiation of enforcement actions by issuance of NOAVs. Work with non-field units to implement a consistent and timely approach to ensure paperwork compliance. Work with the oil and gas industry to communicate compliance goals in an effort to gain voluntary compliance and reduce enforcement actions initiated by ECMC staff.
Decide and explain the appropriate legal and regulatory citations to include on NOAVs, AOCs and OFVs.
Evaluate the sufficiency of evidence and work with technical staff regarding information necessary to support enforcement actions.
Coordinate various alleged violations with different technical staff units for a unified enforcement action.
Confer with the regulated industry about compliance.
Confer with the Attorney General's Office and ECMC staff to ensure time-sensitive compliance with requests under CORA. Draft timely responses and ensure availability of responsive documents to the public. Assist Attorney General's Office in formulating assertions of privilege and exemption from CORA.

Benefits

Medical, Vision and Dental plans
Strong, flexible retirement plans including PERA Defined Benefit Plan or PERA Defined Contribution Plan, plus pre-tax and Roth 401K and 457 plans
Paid life insurance
Short- and long-term disability coverage
Employee Wellness programs
Flexible Spending Accounts
Health Savings Accounts
11 paid holidays per year plus generous vacation and sick leave
Flexible work schedule options and remote-work options
Career advancement opportunities throughout the State system
Some positions may qualify for the Public Service Loan Forgiveness Program