Description:

General Description:
  • Performs complex (journey-level) legal work under direction of the General Counsel. Prosecutes cases involving violations of the laws and rules pertaining to the practice of pharmacy at informal conferences and, if necessary, at the State Office of Administrative
  • Hearings. Assists in resolution of complaints not resulting in contested case proceedings. Works closely with the agency's General
  • Counsel in a team environment regarding legal and adjudicative matters. Assists General Counsel in rendering legal advice regarding agency operations.

Works under the general supervision of the General Counsel with moderate latitude to exercise initiative and independent judgment within the limits of the agency and division policies and procedures.

Essential Duties and Responsibilities:
  • Reviews cases referred to the Legal Team for legal sufficiency.
  • Drafts preliminary notice letters, notices of hearings, Agreed Board Orders, Board Orders, Subpoenas, Warning Letters, and other documents relating to formal and informal disposition of contested cases and administrative proceedings in timely and accurate manner.
  • Analyzes complaints received for threshold questions such as jurisdiction, drafts letters to complainants, and otherwise assists in the resolution of complaints.
  • Presents cases at informal conferences, which gives licensees an opportunity to show compliance with the laws and rules governing the practice of pharmacy.
  • Prepares for and represents Board in enforcement proceedings at the State Office of Administrative Hearings. Conducts oral and written discovery.
  • Assists the agency's General Counsel in advising and providing legal opinions to Board and agency staff on legal matters related to licensee disciplinary action.
  • Interacts with appropriate local, state and federal prosecutors, legal divisions and enforcement agencies involved in the investigation or prosecution of licensees.
  • Assists the agency's General Counsel in interpretation and monitoring of applicable federal and state laws.
  • Researches legal issues and prepares briefs and memoranda under the direction of the agency's General Counsel.
  • Provides guidance and assigns tasks to legal assistants.
  • May draft memoranda and administrative rules for the Texas Register.
  • Complies with all agency personnel policies, including regular attendance.
  • Performs related duties as assigned.

Knowledge, Skills, and Abilities:
  • Thorough knowledge of the Texas Administrative Procedures Act (APA), rules of evidence, and other administrative laws and procedures
  • Ability to meet rigid deadlines and pay strict attention to details
  • Ability to identify, analyze, and solve legal problems, to evaluate options, and to recommend courses of action and solutions, based on interpretation and application of case law, statutes, rules and procedures
  • Memory, logic, and reasoning skills reasoning to identify the strengths and weaknesses of alternative solutions, conclusions, or approaches to problems, and in reconciling differences
  • Ability to prepare legal documents and policies and procedures
  • Ability to conduct research and interpret and apply laws
  • Ability to maintain confidentiality
  • Ability to maintain effective working relationships with a variety of contacts
  • Comprehensive knowledge of agency policy and procedures
  • Strong interpersonal skills, especially in representing and presenting
  • Strong written and verbal communication skills

Education and Experience Requirements:
J.D. or L.L.B. degree from an accredited institution is required. High academic achievement is strongly preferred. Submission of law school transcript is required upon application. Minimum of one year experience in administrative law with a preferred focus on healthcare or related laws and procedures or equivalent experience is required.

Undergraduate degree in healthcare or related field is desirable. Knowledge of the Texas Pharmacy Act, Administrative Procedure
Act, State Office of Administrative Hearings rules, Open Meetings Act, and Public Information Act is desirable.

License Required:
Must be licensed to practice law by the State Bar of Texas. License must be active and current.

Environment/Physical Conditions
Normal office environment. Tobacco-free environment. Work involves sitting and operating a personal computer for long periods of time. Work involves reading and reviewing large numbers of documents. Work involves processing information quickly and accurately. Work involves frequent transporting of files between offices. Work involves frequent verbal communications with others, in person and by telephone. Work involves traveling to meetings.

The specific statements shown in each section of this position description are not intended to be all-inclusive. They represent typical elements and criteria necessary to successfully perform the job.

Conditions of Employment:
Upon employment, all persons hired will be required to complete state and/or national fingerprint identification checks. Employees must be eligible, as determined by the Texas Department of Public Safety, to access criminal history records. Felony convictions and certain misdemeanor convictions will cause ineligibility. Upon employment, employees must be able to pass the required online CJIS class regarding the security of criminal records.

In compliance with federal law, all persons hired will be required to verify identity and eligibility to work in the United States and to complete the required employment eligibility verification form (Form I-9) upon hire. TSBP participates in E-Verify and will provide the Federal Government with your Form I-9 information to confirm that you are authorized to work in the U.S. TSBP is unable to sponsor employment visas.

In accordance with Texas Government Code, Sec. 651.005, all males who are 18 to 25 years of age must present proof of registration with Selective Service or exemption from registration upon hire.