Description:
Description:Job Summary:
The Associate Enforcement Counsel, under the direction of the Enforcement Counsel, represents the Commission in adjudicatory proceedings under M.G.L. c. 30A alleging violations of Commission laws and in informal proceedings relative to suitability disputes. The Associate Enforcement Counsel provides legal support to Enforcement Counsel in advising the agency on all enforcement-related matters. The Associate Enforcement Counsel is also responsible for assisting the Investigations and Enforcement department staff regarding legal matters with licensing, inspections, investigations, testing, and enforcement. This position counsels and advises all enforcement units in the implementation of the Commission's statute and regulations and the development of consistent regulatory compliance measures for the Commonwealth's marijuana industry. In addition, the Associate Enforcement Counsel may assist in developing policies and proposing regulatory revisions to comply with legislative and regulatory changes with a focus on compliance and enforcement.
Core Responsibilities:
- Attend, present, and represent the Commission at public meetings, administrative hearings, and other public forums in relation to enforcement matters;
- Prosecute enforcement matters in formal and informal administrative hearings conducted pursuant to M.G.L. c. 30A, to include drafting motions, briefs, discovery requests, preparing evidence, and conducting direct and cross examination;
- Lead negotiations at dispute resolution conferences and the drafting of compliance stipulated agreements;
- Bring suitability disputes before the Suitability Review Committee through the informal proceeding process to include drafting position statements and compiling the corresponding evidentiary record;
- Assist Enforcement Counsel in advising the Commission on enforcement-related legal matters, including but not limited to the Commission's Chief of Investigations and Enforcement, Director of Licensing, Director of Investigations, and Director of Testing and their staff, as evidenced by the development of coherent and well-researched written and oral advice;
- Provide legal analysis and advice on the determination of all requests seeking exemption from Commission regulations;
- Advise and consult on the development of Commission regulations and polices;
- Conduct legal research comparing regulatory approaches in legalized marijuana jurisdictions;
- Collaborate with federal, state, and local government agencies on enforcement-related matters where appropriate and assist the Chief of Investigations and Enforcement on other special initiatives as needed;
- Lead special investigations as assigned by the Chief of Investigations and Enforcement; and
- Conduct legal training programs for the Investigations and Enforcement staff as determined by the Chief of Investigations and Enforcement.
Other Duties and Responsibilities:
- Foster the principles of the Commission's Mission Statement among the staff and all stakeholders;
- Maintain the highest standards of personal, professional, and ethical conduct and support the Commission's goals for a diverse and culturally diverse and inclusive workforce; and
- Perform related duties as assigned.
Supervisory Responsibilities:
Not applicable
Qualifications:
Professional Expectations
The Cannabis Control Commission Expects All Employees to Model:
- Commitment to Its Mission, Vision, and Values
- Contributions Toward Meeting Organizational Goals and Objectives
- A High Level of Integrity, Collaboration, and Professionalism
- A Culturally Sensitive, Inclusive, and Accountable Workplace Environment
- Working Respectfully with Others, Supporting Diverse Perspectives, and Upholding Organizational Values
- Transparent, Meaningful, and Effective Communication
Competencies, Skills, and Attributes
- Creativity, Intellectual Flexibility, and The Ability to Navigate a Wide Range of Multi-Faceted Issues;
- Excellent Analytical and Written and Oral Communication Skills;
- Extensive Understanding of Equity Concerns in The Cannabis Industry, and Best Practices Pertaining to Enforcement of Social Equity Regulations Within the Industry;
- Proven Problem-Solving Skills and Sound Judgment;
- Knowledge and Familiarity with Cannabis Laws and The Cannabis Industry;
- Ability to Conduct Comprehensive Legal Research, Including the Ability to Analyze Legal Precedents and Apply It to Factual Circumstances;
- Ability to Present Clear, Concise, and Well-Founded Legal Arguments and Opinions for A Variety of Audiences;
- Ability to Exercise Sound Judgement and Discretion when Handling Confidential Information and Complex Situations;
- Strong Interpersonal and Organizational Skills;
- Ability to Work Independently, Productively, and Collaboratively in An Evolving Environment;
- Ability to Resolve Disputes with External Stakeholders in A Timely Manner;
- Must Demonstrate a Proficiency with Computers and Ms Office Suite (outlook, Word, Excel, Power Point);
- Willingness to Learn State and Commission-Specific Electronic Systems;
- Ability to Work in And Travel to Our Worcester Headquarters and Boston Location; And
- Willingness to Travel Throughout the Commonwealth when Necessary.
Qualifications and Requirements:
- Juris Doctor from An Aba-Accredited Law School and A Member in Good Standing with The Massachusetts Bar;
- Experience or Familiarity with The Commonwealth's Cannabis Laws;
- Minimum Three-Year Experience Practicing Law, Preferably in The Public Sector;
- Experience or Familiarity with State Agencies, Especially State Commissions;
- Experience in Civil or Criminal Litigation;
- Experience in Managing Large Caseloads And/or Prosecuting Cases;
- Experience in Administrative Law and Litigation, Licensing And/or Investigations;
- Knowledge and Understanding of The Administrative Adjudicatory Hearing Process
- Knowledge in The Areas of Constitutional Law And/or Statutory Interpretation;
- Experience in A Regulatory Agency;
- Experience in Corporate And/or Municipal Law Is a Plus;
- Cannabis Experience Desirable.
Ada Requirements:
Physical Demands:
- Must Be Able to Lift, Push, or Pull up To 20 Pounds.
- Must Tolerate Sitting, Standing, or Walking for Extended Periods of Time.
- Must Be Sensitive to And Can Manage Frequent Interruptions.
- Standard Office Environment with Use Of, and Exposure to Various Office Temperatures, and Equipment Such as Computers, Fax Machines, Copiers, Etc.