Attorney IV-AGC Financial Regulation & Solvency

Under the general supervision of the Deputy Director and General Counsel, this position is responsible for providing effective legal representation to the South Carolina Department of Insurance. This position functions as Associate General Counsel and provides legal advice to assigned units with the Department. This position provides legal advice and representation for all financial regulatory matters, insurance company receiverships as well as cyber security breach response as needed, health insurance, company licensing, regulatory hearings (subrogation) and other matters assigned by the General Counsel or the Director.

Attorneys are required to follow the rules of professional conduct and Department policies. Each attorney is trained on the responsibilities of the position and provided training, checklists and other procedures and guidelines.

Job Duties:

1. Serves as primary counsel and provides advice, counsel and representation to the Financial Solvency and Regulation Division of the South Carolina Department of Insurance on regulatory issues affecting the licensure, merger and acquisition, affiliated party transactions of insurers transacting insurance business in the state of South Carolina.
2. Provides legal advice, counsel and representation (as needed) on troubled company issues including administrative supervision, conservatorship and receiverships involving domiciliary insurers and alternative risk management companies (e.g., captives or risk retention groups).
3. Provides advice, counsel and representation to other areas of the Department as assigned by the General Counsel including Actuarial Services and advises business teams on regulatory compliance with insurance laws as needed including issues about whether something is insurance.
4. Provides advice and counsel on matters involving breach notifications and insurer compliance with the Insurance Data Security Act.
5. Assists with the representation of the Market Regulation Unit as needed and serves as back up on administrative disciplinary actions and employment matters as assigned.
6. Advises the Director in administrative proceedings conducted by the Department in accordance with the APA, ALC rules and other applicable laws.
7. Performs other related duties as required

Minimum and Additional Requirements:
Successful candidate must

1. be licensed as an attorney and admitted to the South Carolina Bar;
2. have a minimum of 5-10 years of experience in litigation and/or enforcement;
3. have an understanding of the financial services industry and insurance;
4. possess excellent written and verbal communication, drafting and negotiation , and organizational skills.

The attorney must be able to manage multiple projects effectively.

Candidate should also be initiative-taking and able to complete projects working independently as well as in team settings.

Attorney must have a strong understanding of civil procedures, litigation experience and experience in conducting depositions.

.

Preferred Qualifications:
Litigation experience or legal experience as a prosecutor or attorney litigating cases before South Carolina circuit courts or the South Carolina Administrative Law Court is preferred

Additional Comments:
Knowledge, Skills, and Abilities:

• Knowledge of legal principles, practices, and proceedings; state and federal laws, rules, and regulations; and agency administrative rules and regulations.
• Skill in legal research, writing, and analysis; in the use of a computer and applicable software (e.g., Microsoft Suite, Westlaw, Adobe Acrobat); in using reasoning and logic; in identifying and solving complex problems; in prioritizing workloads; and in using judgment to identify courses of action.
• Ability to conduct hearings, to prepare opinions and briefs, to prepare cases for trial, to conduct research, to summarize findings, to interpret and apply laws, to use legal
• reference materials, to communicate effectively, and to provide guidance to others.
• Ability to maintain confidential and sensitive information

Educational Credentials:
Applicants indicating college credit or degree(s) on the application will be required to submit a sealed, certified copy of the transcript(s) prior to beginning employment. Failure to produce an official, certified transcript will result in any conditional offer of employment being rescinded.

Equal Opportunity Employer:
It is the policy of the South Carolina Department of Insurance to provide equal employment opportunities to all job applicants and employees without regard to their race, color, religion, national origin, sex (including, but not limited to, pregnancy, childbirth or related medical conditions and lactation), disability or age.

Veteran Preference Statement:
South Carolina is making our Veterans a priority for employment in state agencies and institutions.

The Department of Insurance offers an exceptional benefits package for FTE positions that includes:

• Health, Dental, Vision, Long Term Disability, and Life Insurance for Employee, Spouse, and Children
• 15 days annual (vacation) leave per year
• 15 days sick leave per year
• 13 paid holidays
• State Retirement Plan (pension plan option) and Deferred Compensation Programs
• Employee Assistance Program
• Free counseling sessions for employees and household members
• Free legal counseling
• Free financial counseling
• Flexible Work Schedules
• Compressed work weeks
• Part-time telecommuting
• Flex-time
• Contingent upon completion of required probationary period
• Free Gym Access
• Growth Opportunities
• Certifications/designation program allowing for salary increases and bonuses
• Infants at Work Program
• Employees eligible to bring their newborn/infant to the workplace
• Free Parking