Closing Date: 13th May, 2024
Description:
The primary purpose of the Attorney General's Office, Department of Justice, is to provide legal services to State Government, its officials and employees. The primary purpose of the Health Service Section is to provide legal services to the following divisions and offices within the Department of Health and Human Services (“DHHS”):- Division of Health Service Regulation; • Office of the Secretary;
- Information Technology Division;
- North Carolina Child Care Commission;
- North Carolina Radiation Protection Commission;
- North Carolina Medical Care Commission; and
- State Health Coordinating Council.
Litigation:
This position independently represents DHSR in all phases of litigation before the Office of Administrative Hearings, and State and federal trial and appellate courts. This position is primarily responsible for defending DHSR in the following types of enforcement actions:
- Substantiation of abuse, neglect, fraud or misappropriation against health care personnel;
- Imposition of violations and administrative penalties against a facility;
- Suspension of admission of residents or clients at a facility;
- Revocation of a license of a facility;
- Summary suspension of a license of a facility;
- Denial of initial licensure application of a facility;
- Denial of change of ownership license application of a facility;
- Denial of renewal of licensure application of a facility; and
- Denial, suspension, or revocation of an administrator certification.
This position also responds to motions for temporary restraining orders and preliminary injunctions, and pursues injunctions on behalf of DHSR against unlicensed providers. Duties include analysis of facts and legal issues and defenses, performing legal research, developing case strategy, drafting pleadings, legal memoranda and briefs, conducting discovery, including the taking and defending of depositions, engaging in preand post-trial motions practice, conducting settlement negotiations in consultation with the appropriate DHSR section chief or director and/or deputy director, preparing and examining witnesses, including expert witnesses, preparing evidence, conducting courtroom litigation, perfecting appeals, drafting appellate briefs and presenting oral arguments.
Note to Current State Employees:
The salary grade for this position is LG07. State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position. Please detail ALL work history including non-state service experience. If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY or MAY NOT result.
The Starting Salary for a New Hire to This Position is Limited to the Recruitment Range of $70,732 to $85,552. Position is client funded.
Salary offers are based upon the candidate's education and experience related to the positions, as well as departmental budget and equity considerations.
The State of North Carolina offers employer paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information at Employee Benefits.
*Telework opportunities are available for this position.*
Knowledge, Skills and Abilities / Competencies:
- Ability to effectively conduct administrative and civil litigation in the Office of Administrative Hearings, trial, and appellate courts;
- Ability to perfect, brief, and argue administrative, civil, and criminal appeals in the appellate courts;
- A thorough knowledge of case, statutory, regulatory, and common law of North Carolina;
- A thorough knowledge of the North Carolina Administrative Procedure Act, the North Carolina Rules of Civil Procedure, the North Carolina Rules of Evidence, and the North Carolina Rules of Appellate Procedure;
- Ability to analyze, interpret, and apply facts, rules, statutes, administrative regulations, constitutional provisions, appellate decisions, and legal instruments;
- Ability to express arguments and conclusions clearly and logically in oral and written form;
- Ability to determine issues in various cases;
- Ability to analyze legal problems and render opinions;
- Ability to develop creative case strategy and tactics; and
- Ability to establish and maintain effective working relationships.
Minimum Education and Experience Requirements:
Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See oshr.nc.gov/experience-guide for details.
Licensed to practice law by the North Carolina State Bar and one year of professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.