Enforcement/Compliance Specialist V

TX-HHSC-DSHS-DFPSAustin, TX
13dHybrid

About The Position

Under the direction of the Consumer Safety Branch Manager of the Compliance Section, the Program Specialist V (Enforcement/Compliance Specialist V) performs highly complex (senior-level) consultative services and technical assistance work for the Foods, Drugs, and Medical Devices Programs, which primarily consists of Food Wholesaler, Food Manufacturer, Warehouse Operation, Food Stores, Mobile Units, Roadside Vendors, School Cafeterias, Child Care centers, Certified Food Managers and Food Handlers, Consumable Hemp Product (CHP), Meat Safety, Milk, Dairy Producer, Frozen Dessert Manufacturer, Milk Processing Plant, Milk Tank Truck Retail Raw and Transfer and Receiving Station, Certificate of Authority, Seafood, Shellfish and crabmeat processing, Device Distributor/ Manufacturer, Drug Distributor-Nonprescription, Drug Manufacturer Nonprescription, Drug Distributor-Prescription, Drug Manufacturer-Prescription, Drug and Device Salvage, Tattoo, Body Piercing, and Tanning facilities, Prescription Drug Pricing. Acts as team lead and enforces cases in accordance with the laws and regulations pertinent to each program. Consults with licensees, Department staff, attorneys, managers, and outside regulatory authorities, as necessary, on matters relating to enforcement/ compliance. Operates Department database to accomplish data entry, reporting, case tracking, trending of data, and quality control. Facilitates meetings with Department staff, managers, attorneys, licensees, or other members of the regulated communities. Provides technical assistance on matters related to enforcement/ compliance. Trains others on enforcement procedures. Testify in hearings at the State Office of Administrative Hearings (SOAH) and in district court. Serves as assigned in the Department's Disaster Response/Recovery and Support Operations in training exercises, drills, and declared emergencies. Maintains acceptable driving record in accordance with agency policy. Works under limited supervision, with moderate latitude for the use of initiative and independent judgment.

Requirements

  • Knowledge of the APA and its relevance to the enforcement process.
  • Knowledge of the laws and regulations applicable to the programs.
  • Knowledge of state government processes and the Department’s organization.
  • Knowledge of quality assurance procedures.
  • Skill in handling multiple assignments and prioritizing them.
  • Skill in preparing and reviewing written correspondence and reports.
  • Skill in written and verbal communication.
  • Skill in using Word, Excel, Outlook, and other computer applications and databases.
  • Skill in conflict resolution or facilitation.
  • Skill in conducting meetings.
  • Ability to work effectively in a team and also independently with minimal supervision.
  • Ability to manage time effectively and to exercise good judgment in evaluating situations and making recommendations.
  • Ability to interpret and apply rules, regulations, policies and procedures.
  • Ability to read and analyze inspection reports and evidence and identify weak or unsupportable findings.
  • Ability to make formal presentations using presentation media to large audiences.
  • Ability to perform trending analyses and create reports that illustrate significant results.
  • Ability to bring a wide variety of opinions to an agreement through consensus building.
  • Ability to give clear and accurate testimony under oath.
  • Ability to present complex regulatory information effectively to a wide variety of audiences.
  • Bachelor's degree or higher from a U.S. accredited college/university or a foreign education that has been determined to be equivalent by an acceptable education evaluator plus a minimum of three (3) years of experience interpreting, explaining, and applying appropriate law and rule and working in any of the following areas: developing enforcement cases; drafting lengthy reports or other documents on a regular basis; reviewing and evaluating complex reports; or performing quality analysis on compliance inspections, investigations, Years of experience may be substituted for years of education.
  • Employee must provide transportation.
  • If an employee operates a personal or state motor vehicle in performance of their official duties, the employee must possess a current valid Texas driver's license for the appropriate type vehicle.
  • Employees/Applicants are responsible for providing a copy of their driver's license prior to beginning employment.

Responsibilities

  • Facilitate meetings, draft notices, orders and enforce enacted actions.
  • Reviews investigative reports and cases that have been referred to the Compliance/Enforcement section from the Food, Drug, and Medical Devices Program to examine deficiencies and the underlying evidence in the report.
  • Monitor cases, track and update department databases.
  • Interprets and applies appropriate law and rule and determines if violations should be pursued or if additional case information is needed.
  • Writes Notices of Violation (NOV), in accordance with the Administrative Procedures Act (APA).
  • Draft orders that memorialize the details of case resolution such as facts, violations, and terms of settlement.
  • Drafts other documents such as memoranda, reports, presentations, letters, and emails.
  • Applies good case management techniques to handle large caseloads efficiently.
  • Manages multiple assignments with competing priorities.
  • Works independently or in a team environment to complete assignments.
  • Consults with licensees, Department staff, attorneys, managers, and outside regulatory authorities, as necessary, on enforcement/compliance matters.
  • Responds to routine rule inquiries by phone, email, or meeting.
  • Elevates issues to upper management where necessary.
  • Works cooperatively with program staff and managers to acquire necessary information for processing enforcement cases.
  • May participate in independent board meetings.
  • Uses Department database for data entry, running reports, case tracking, trending of data, updates, and quality control.
  • Performs quality assurance on enforcement/ compliance cases as directed.
  • Facilitates meetings with Department staff, managers, attorneys, licensees, and others.
  • Facilitates the Compliance Review Committee (CRC) where cases are discussed and consensus decisions are reached on the legal sufficiency of cases and the appropriate sanctions or penalties to propose.
  • Organizes, schedules, and conducts informal conferences with the respondent and their attorney, with attendance by program staff, the program attorney, and Department managers to seek consensus agreement for resolving the cases informally, in accordance with the APA.
  • Arranges for formal hearings at SOAH when cases cannot be resolved informally.
  • Provides technical assistance on enforcement/compliance matters.
  • Responds to inquiries from various sources.
  • Collects, organizes, and prepares materials in response to requests for information.
  • Participates in staff meetings and presents regulatory information as needed.
  • Trains others on enforcement/compliance procedures and processes, day-to-day processes, and the REACH philosophy.
  • Works on special projects and assignments e.g. help develop plans to improve operations or to address areas of concern.
  • Testify in hearings at SOAH and in district court as the Department’s expert witness when requested by the program attorney or when ordered by the court.
  • Works with the Department’s program attorney to clarify all aspects of a contested case to prepare for hearings.

Benefits

  • DSHS offers insurance coverage and other benefits available through the State of Texas Group Benefits Plan administered by the Employee Retirement System of Texas (ERS).
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