Agency

Office of Administrative Hearings

Division

Rules

Job Classification Title

Rules Review Commission Counsel (NS)

Position Number

65044584

Grade

LG07

About Us

An independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies, investigation of alleged unlawful employment practices in state government, and codifying administrative rules.

Description of Work

The Office of Administrative Hearings invites qualified applicants to apply for the Rules Review Commission Counsel located in Raleigh, NC.

The primary function of the Commission Counsel is to review temporary and permanent administrative rules submitted by state government agencies to determine whether the rules are within the authority delegated to the agency by the General Assembly, clear and unambiguous, and otherwise in compliance with the Administrative Procedures Act (G.S. 150B). Counsel subsequently advises the RRC whether to approve a rule, object to a rule, or take some other action at its monthly meetings.

In addition, Commission Counsel also advises the RRC regarding review and expiration of existing rules pursuant to G.S. 150B-21.3A. Commission Counsel reviews and analyzes existing rules of agencies subject to G.S. 150B and advises the RRC as to what actions to take regarding these rules.

In this professional legal work, the Commission Counsel also provides general legal advice to the RRC, including advice related to open meetings, public records, Commission procedures, and other matters pertinent to the work of the RRC.

This position is designated to assist the Codifier of Rules, with legal advice unrelated to any matter within the scope of the RRC's authority, to serve as the agent for service of process for the RRC and to review all filings from the Building Code Council and the Residential Code Council.

Commission counsel also provides general legal advice to the RRC, including advice related to open meetings, public records, commission procedures, and other matters pertinent to the work of the RRC.

Commission counsel presents rulemaking training to assist State agencies, boards and commissions in complying with the State’s rulemaking requirements.

Finally, commission counsel offers informal pre-reviews of rules at the request of a State agency, board, or commission. Commission counsel reviews proposed rules, similar to the review of rules pending before the RRC, and provide feedback to the agency regarding any statutory concerns or technical changes suggested prior to publication, thereby facilitating the rulemaking process.

Pursuant to Article 2A of the APA, this position renders professional opinions to the Commission. This position is an employee of the Office of Administrative Hearings and reports to the Director of APA Services/Codifier of Rules. The Commission Counsel will also serve in any position and render any services required by the agency when requested by the Chief Administrative Law Judge or the Director of APA Services/Codifier of Rules.

Knowledge Skills and Abilities/Management Preferences

Knowledge, Skills and Abilities / Competencies

• Applicants must have general legal knowledge of the N.C. General Statutes, interpretative opinions of the appellate courts, the structure of N.C. government, the principles of administrative law, the legislative process, and the rule-making provisions of the Administrative Procedure Act.
• Applicants shall have demonstrated the ability to analyze complex rules and related statutes; work independently; conduct legal research; analyze complex issues; interact professionally with other state governmental personnel; interpret and analyze laws, rules, court decisions and legal documents and communicate these interpretations clearly and logically in oral and written form;
• Maintain cordial working relationships with OAH staff; communicate and negotiate with the staff of rulemaking agencies and the general public; and respond to challenging deadlines by adjusting schedules and priorities accordingly.
  

Minimum Education and Experience

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details.

Minimum Education and Experience:

Licensed to practice law by the North Carolina State Bar and three years of professional legal experience in State Government or experience related to the interpretation of State regulations.

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.

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details.

Supplemental Information:

Resumes and cover letters: To receive credit for your work history and credentials, you must list the information on the online application form. This information is used to determine if you meet the requirements of the position, and if you are selected, it is used to determine a salary offer.

Using the terms "See Resume" or "See Attachment" will not be accepted, and your application will be rejected as incomplete.  Cover letters are highly encouraged but not required.   

Applicants requesting and receiving an accommodation under the Americans with Disabilities Act (ADA) are eligible to submit paper applications via mail or by fax. Please call the human resources office for assistance.

The Office of Administrative Hearings (OAH) uses Merit-Based Recruitment to select the most qualified applicants to fill positions subject to the State Personnel Act. Applicants are asked to document competencies related to the position for which you apply on the State application via the NEOGOV website. Competency is defined as a set of behaviors or duties that reflect skills, knowledge and abilities. OAH is an equal employment opportunity employer.
 
It is the policy of the State of North Carolina and the Office of Administrative Hearings (OAH) that all employees provide proof of employment eligibility verification (immigration and naturalization) within three (3) working days of employment. OAH participates in E-Verify (Employment Eligibility Verification System).

EEO Statement

The State of North Carolina is an Equal Employment Opportunity Employer and dedicated to providing employees with a work environment free from all forms of unlawful employment discrimination, harassment, or retaliation. The state provides reasonable accommodation to employees and applicants with disabilities; known limitations related to pregnancy, childbirth, or related medical conditions; and for religious beliefs, observances, and practices.

Recruiter:

Helen M Dicken

Recruiter Email:

HELEN.DICKEN@OAH.NC.GOV