Closing Date: 18th August, 2022
Description of Work
Telework opportunities are available for this position.
The North Carolina Department of Justice, led by the Attorney General of North Carolina, represents the State of North Carolina in court and provides legal advice and representation to most state government departments, agencies, officers, and commissions. The Department also represents the State in criminal appeals from state trial courts, and brings legal actions on behalf of the state and its citizens when the public interest is at stake. This position is located in the Health Service Section of the N.C. Department of Justice.
This position will handle the most complex cases of the Mental Health Licensure and Certification Section and the Adult Care Licensure Section in the North Carolina Department of Health and Human Services, Division of Health Service Regulation (DHSR). These Sections regulate the facilities where some of our State’s most vulnerable citizens reside to ensure the health, safety, and welfare of those residents. This position will also represent the Department in constitutional claims and provide limited supervision to lower level attorneys in the Health Service Section.
The primary purpose of this full-time position is to provide a full range of legal services to DHHS including:
- Providing legal service and representation to the Division of Health Service Regulation including sections that regulate adult care home facilities; mental health facilities; nursing home facilities; hospital facilities; home care agencies; ambulatory surgical facilities; hospice facilities; emergency medical services providers; actions involving patient abuse and neglect findings made by the Health Care Personnel Education and Credentialing Section, pursuant to 42 U.S.C. § 1396r(e) and N.C. Gen. Stat. §§ 131E-255 and -256; and facilities or agencies engaged in the sale, use, maintenance or disposal of radioactive material or radioactive machines;
- This includes research and the issuance of formal and informal legal opinions relating to the Division of Health Service Regulation;
- Other legal services as may be required by DHSR;
- Resolving complaints and responding to inquiries on legal issues from the public;
- Representing the State in the appeals of criminal cases; and
- Such other duties as may be assigned by the Section Head, Division Head, Attorney General, or his/her designee.
This position occasionally requires travel, including overnight travel, as part of its assigned duties.
Knowledge, Skills and Abilities / Competencies
- The ability to establish and maintain effective working relationships with clients, peers, and co-workers;
- The ability to effectively conduct administrative and civil litigation in the Office of Administrative Hearings and the state and federal trial and appellate courts;
- The ability to effectively perfect, brief, and argue administrative, civil, and criminal appeals in the appellate courts;
- A thorough knowledge of the statutory and common law of the state 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;
- The ability to analyze, interpret, and apply facts, rules, statutes, appellate decisions, and legal instruments;
- The ability to express arguments clearly and logically in oral and written form;
- The ability to determine issues in various cases;
- The ability to analyze legal problems and render formal opinions; and
- The ability to creatively develop case strategy and tactics.
Minimum Education and Experience Requirements
Licensed to practice law by the North Carolina State Bar and four years of progressively responsible 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.
Management prefers 6 years of litigation experience and experience in health, regulatory, and/or administrative law.