Assistant Attorney General, Attorney III, Health and Human Services/Health Service (65031929)
Full Time
Raleigh, NC
Posted
Job description
THE STARTING SALARY FOR A NEW HIRE TO THIS POSITION IS LIMITED TO THE RECRUITMENT RANGE OF $82,808 to $96,326. Client funded. Salary determination is based upon the candidate's education and experience related to the position, as well as departmental budget and equity considerations.
The primary purpose of the Attorney General’s Office, Department of Justice, is to provide legal services to State Government, its officials, and employees. The primary purpose of the Health Service Section is to provide legal services to the following divisions and offices within the Department of Health and Human Services (“DHHS”):
Division of Health Service Regulation;- Office of the Secretary;
- Information Technology Division;
- North Carolina Child Care Commission;
- North Carolina Radiation Protection Commission;
- North Carolina Medical Care Commission; and
- State Health Coordinating Council.
Primary Purpose of Position:
The primary purpose of this position is to provide a full range of legal services to the Division of Health Service Regulation (“DHSR”) within DHHS. DHSR regulates, among other things:
Mental health facilities pursuant to N.C.G.S. Chapter 122C;- Certificate of need pursuant to N.C.G.S. Chapter 131E, Art. 9;
- Adult care home facilities pursuant to N.C.G.S. Chapter 131D;
- Hospital facilities pursuant to N.C.G.S. Chapter 131E, Art. 2 – Art. 5;
- Nursing home facilities pursuant to N.C.G.S. Chapter 131E, Art. 6;
- Home care agencies pursuant to N.C.G.S. Chapter 131E, Art. 6;
- Ambulatory surgical facilities pursuant to N.C.G.S. Chapter 131E, Art. 6;
- Emergency medical services pursuant to N.C.G.S. Chapter 131E, Art. 7;
- Hospice facilities pursuant to N.C.G.S. Chapter 131E, Art. 10;
- Nurse aide registry pursuant to N.C.G.S. Chapter 131E, Art. 15;
- Radiation Protection pursuant to N.C.G.S. Chapter 104E; and
- Jails and detention centers pursuant to N.C.G.S. Chapter 153A, Art. 10.
Litigation
This position represents DHSR, with minimal supervision, in all phases of complex litigation before the Office of Administrative Hearings, and State and federal trial and appellate courts. This position is primarily responsible for defending DHSR in the following types of enforcement actions:
Imposition of violations and administrative penalties against a facility;- Suspension of admission of residents or clients to a facility;
- Revocation of a license of a facility;
- Summary suspension of a license of a facility;
- Denial of initial licensure application of a facility;
- Denial of change of ownership license application of a facility;
- Denial of renewal of licensure application of a facility; and
- Denial, suspension, or revocation of an administrator certification.
This position also responds to motions for temporary restraining orders and preliminary injunctions, and pursues injunctions on behalf of DHSR against unlicensed providers.
Duties include analysis of facts, legal issues, and defenses; performing legal research; developing case strategy and reviewing it with DHSR’s director and/or deputy director (and, in some cases, DHHS’s General Counsel), drafting pleadings, legal memoranda, and briefs; conducting discovery, including the taking and defending of depositions; engaging in pre- and post-trial motions practice; conducting settlement negotiations in consultation with the appropriate DHSR section chief, director and/or deputy director (and, in some cases, DHHS’s General Counsel); preparing and examining witnesses, including expert witnesses; preparing evidence; conducting courtroom litigation; perfecting appeals; drafting appellate briefs; and presenting oral arguments.
This position is assigned the more complex and high profile licensure cases involving multiple enforcement actions, and which sometimes include constitutional claims. These cases involve extensive discovery, demanding a higher level of litigation skills at both the trial and appellate levels. This position also assists or directs lower level licensure attorneys with their cases.
Select this link to learn more about NC DHHS Health Service Regulation:
NC DHHS: Health Service Regulation
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.
Note to Current State Employees:
The salary grade for this position is LG08. State employees are encouraged to apply for positions of interest even if the salary grade is the same as, or lower than, their current position. Please detail ALL work history including non-state service experience. If selected for this position, a new salary will be recalculated taking into consideration the quantity of relevant education and experience, funding availability, and internal equity. Based upon these factors, a pay increase MAY or MAY NOT result.
The State of North Carolina offers employer paid health insurance plus twelve paid holidays, generous vacation and sick leave accrual, dental, vision, and other insurance options, and retirement benefits. You can view our benefits information at Employee Benefits.
Telework opportunities are available for this position.
Knowledge, Skills and Abilities / Competencies
- Ability to conduct complex litigation in the Office of Administrative Hearings, trial, and appellate courts;
- Ability to perfect, brief, and argue complex administrative, civil, and criminal appeals in the appellate courts;
- A thorough knowledge of case, statutory, regulatory, and common law 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;
- Ability to interpret and apply laws, constitutional provisions, statutes, administrative regulations, and court decisions;
- Ability to analyze, interpret, and apply facts, rules, statutes, appellate decisions, and legal instruments;
- Ability to express conclusions and arguments clearly and logically in oral and written form;
- Ability to determine issues in various cases;
- Ability to analyze complex legal problems and render opinions;
- Ability to develop creative case strategy and tactics; and
- Ability to establish and maintain effective working relationships.
Minimum Education and Experience Requirements
Licensed to practice law by the North Carolina State Bar and three 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 preferences: Management prefers litigation experience in health, regulatory, and/or administrative law.
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