Description:
Description:About the Organization:
The Office of Consumer Affairs and Business Regulation (OCABR) is a state agency within the Executive Office of Economic Development and is responsible for protecting consumers through advocacy and education. The Office of Consumer Affairs works to ensure that the businesses our agencies regulate treat all Massachusetts consumers fairly. The Division of Banks ("DOB"), Division of Insurance ("DOI"), Division of Occupational Licensure ("DOL"), Division of Standards ("DOS"), and Department of Telecommunications and Cable ("DTC") all fall under the OCABR umbrella and help us to fulfill our critical mission of building better businesses and smarter consumers.
The Office of Consumer Affairs and Business Regulation is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Office or Consumer Affairs and Business Regulation values inclusiveness and diversity within their employee and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.
The Office of Consumer Affairs and Business Regulation is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens.
About the role:
The Assistant General Counsel for Litigation and Legal Programs serves as an attorney and manager within the Office of Consumer Affairs and Business Regulation and under the direction of the General Counsel, provides legal counsel, litigation support, and legal program oversight, and policy development for OCABR and its constituent agencies. The Assistant General Counsel advises the Undersecretary, Deputy Undersecretary, General Counsel, agency leadership, and program personnel on legal, regulatory, litigation, and programmatic matters and assists the General Counsel in managing the day-to-day legal operations of OCABR.
In consultation with the General Counsel and agency leadership, the Assistant General Counsel exercises independent legal and managerial judgement in developing, evaluating, recommending, and determining policies affecting OCABR's legal programs, arbitration programs, regulatory responsibilities, public records practices, litigation matters, and other areas of agency operations. The Assistant General Counsel regularly will participate in policy making discussions and decisions concerning matters to OCABR's mission and objectives and is responsible for implementing and overseeing policies withing the Assistant General Counsel's area of responsibility.
The Assistant General Counsel has primary responsibility for the legal and managerial oversight of the Home Improvement Contractor Arbitration Program and the Lemon Law Arbitration Program. The Assistant General Counsel directly supervises the program coordinators responsible for the day-to-day administration of each program and provides legal guidance concerning eligibility determinations, procedural requirements, statutory and regulatory interpretation, and complex or novel issues arising in connection with arbitration matters. The Assistant General Counsel establishes and develops program policies and procedures and determines appropriate approaches to significant legal, procedural, and operational issues affecting the programs. The Assistant General Counsel is responsible for promoting the fair, timely, and consistent administration of the programs in accordance with applicable statutes, regulations, agency policies, and established procedures and advises agency leadership regarding significant legal, programmatic, and operational issues affecting the programs.
The Assistant General Counsel provides oral and written legal advice to OCABR and its constituent agencies, including DOS, DOB, DOI, DTC, and DOL, on matters arising in the ordinary course of agency operations. Responsibilities include researching, analyzing, and interpreting statutes, regulations, administrative decisions, case law, and other legal authorities; drafting and reviewing legal opinions, correspondence, policies, procedures, and guidance; and advising agency leadership and program personnel regarding legal and regulatory requirements affecting agency programs and operations. The Assistant General Counsel also provides legal guidance to the Senior Director of Programs and other program staff regarding the administration, development and direction of OCABR programs.
The Assistant General Counsel participates substantially in the development and determination of agency regulatory and legislative policy. The Assistant General Counsel develops, reviews, and drafts proposed legislation and regulations affecting OCABR and its constituent agencies; evaluates proposed statutory and regulatory changes for legal, policy, and operational implications; and formulates recommendations regarding the agency's position and response. In coordination with the General Counsel and agency leadership, the Assistant General Counsel responds to formal and informal legislative inquiries concerning pending legislation, regulatory matters, consumer protection issues, and other matters within OCABR's jurisdiction.
The Assistant General Counsel oversees and coordinates OCABR's compliance with the Massachusetts Public Records Law, including reviewing and evaluating public records requests, coordinating searches for responsive records, determining the applicability of statutory exemptions and other legal protections, reviewing proposed productions and redactions, and ensuring that responses are prepared in accordance with applicable legal requirements and deadlines. The Assistant General Counsel develops and implements policies and procedures governing OCABR's public records practices and, as appropriate, the Assistant General Counsel also assists constituent agencies with public records matters and provides legal guidance concerning disclosure, confidentiality, records retention, and related requirements.
The Assistant General Counsel assists in managing litigation, administrative proceedings, and other contested legal matters involving OCABR and its constituent agencies and serves as a liaison with the Office of the Attorney General in connection with matters in which OCABR or a constituent agency is involved. The Assistant General Counsel coordinates with agency personnel and assigned counsel regarding factual development, litigation strategy, discovery, document production, administrative records, pleadings, and other matters necessary to represent and protect the legal interests of OCABR and its constituent agencies. The Assistant General Counsel evaluates significant litigation developments and advises agency leadership regarding their legal, policy, and operational implications.
The Assistant General Counsel also handles legal correspondence and communications with regulated entities, attorneys, consumers, governmental entities, and other third parties; identifies and advises agency leadership regarding emerging legal and regulatory issues; formulates and recommends agency policies and responses to those issues; and performs other legal, litigation, regulatory, program management, and supervisory responsibilities as assigned by the General Counsel.
Duties and Responsibilities:
- Oversee Arbitration Programs and Establish Program Policy: Provide legal and managerial oversight of the Home Improvement Contractor Arbitration Program and Lemon Law Arbitration Program. Formulate, determine, and implement policies, procedures, standards, and operational practices governing the administration of both programs. Exercise independent legal and managerial judgment in resolving complex or novel eligibility, procedural, statutory, regulatory, and programmatic issues and determine appropriate approaches to matters not addressed by existing policy. Ensure that both programs are administered fairly, consistently, efficiently, and in accordance with applicable law and agency objectives.
- Supervise Arbitration Program Staff and Direct Program Operations: Directly supervise the program coordinators responsible for the day-to-day administration of the Home Improvement Contractor Arbitration Program and Lemon Law Arbitration Program. Establish priorities, performance expectations, procedures, and standards for program operations; direct and evaluate staff performance; provide guidance concerning escalated or complex matters; and determine and implement changes to program practices necessary to improve consistency, effectiveness, efficiency, and service delivery.
- Provide Legal Counsel and Participate in Agency Policy Development: Provide oral and written legal advice to OCABR, its leadership, program personnel, and constituent agencies regarding legal and regulatory matters arising in the course of agency operations. Participate to a substantial degree in formulating and determining agency policy within assigned areas of responsibility by identifying policy issues, evaluating alternatives, advising agency leadership concerning legal and operational implications, and participating with the General Counsel and agency leadership in determining or modifying agency policies. Research, analyze, and interpret statutes, regulations, case law, administrative decisions, and other legal authorities and prepare legal opinions, memoranda, policies, proce