Position Title: Attorney I
Salary Range: $4,329-$5,759/month (DOE)
Position Number: 801-6826
Status: Full Time
Closing Date: 5/03/13 at 4:30 p.m.
Vacancy Announcement Number: 13-25
Requisition Number: 2919355
*If an internal candidate is selected for this position they may be granted moving allowance provisions in accordance with Human Resources Policy 14.4.
**If an external candidate is selected for this position they may be granted moving allowance provisions in accordance with Human Resources Policy 14.5.
Applicants Please Submit:
SFN 10950, Application for Employment
SFN 18859, DOT Addendum to Application for Employment
Copy of final college transcript
At least four self edited writing samples (non-returnable)
Please Send Application Materials To:
Marie Nelson, Human Resources Division
ND Department of Transportation
608 East Boulevard Avenue
Bismarck, ND 58505-0700
Telephone Number: 701-328-4358
Fax Number: 701-328-1415
Both application forms may be downloaded from the Internet at: http://www.nd.gov/hrms/jobs/appforms.html. Applications should include information which directly addresses how the applicant meets the minimum qualifications and summary of work. Applications must be received in the Human Resources Division by 4:30 p.m., May 3, 2013. Background checks will be conducted.
NDDOT staff will score all applications based on a 100 point job related personnel system. The NDDOT affirmative action goal is one American Indian male, one American Indian female, one other minority female, and nine non-minority females.
Applicants with disabilities should contact Marie Nelson at 701-328-4358 in advance of applying to discuss any special provisions needed for applying or interviewing.
If you have any questions on this position, please contact Paul Seado at 701-328-2625.
Requires a Juris Doctorate degree and licensure to practice law in North Dakota, or the expectation of imminent admission to the Bar Association.
Ability to express ideas clearly and concisely, both orally and in writing in normal and stressful conditions; ability to communicate clearly to avoid confusion and misunderstanding with others; ability to remain calm and composed when dealing with distraught or angry employees or members of the public; public speaking skills; ability to read, interpret, or explain applicable standards, technical literature, regulations, plans, and specifications; ability to accurately and clearly complete required paperwork; ability to prepare written or oral reports frequently in tight time frames.
Ability to use a phone, calculator, copier, tape recorder, reference sources, and research documentation; keyboard familiarity; personal computer with word processing and database software; physical mobility, agility, and mental alertness compatible with an office setting; normal vision and hearing with or without correction, eye-hand coordination, ability to lift 10 pounds, ability to work closely with people; some contact with the public; ability to establish and maintain effective working relationships with associates and others; ability to plan and direct the work of employees/others, ability to function with minimal supervision.
Ability to be flexible in daily schedule; ability to work under stress; ability to remain calm and maintain focus under demanding and often conflicting work schedule with rapid shifts in priority; regular attendance is essential to efficiently process the volume of work in this position. Must possess networking and leadership skills; prioritization and time management skills; must be self directed and highly-motivated; must possess analytical and decision making skills.
Requires satisfactory completion of the interview process and a verifiable record of satisfactory performance in previous employment.
Summary of Work (Essential Functions):
1. Draft and review legal documents: perform research necessary to ensure legal sufficiency of contracts, bonds, permits and other agreements; review and assist originating division in drafting of contracts, bonds, permits, pre-qualification statements and other agreements; draft contracts, bonds, permits, prequalification statements and other agreements originated by Legal Division; draft correspondence or memoranda necessary to correct problems arising in connection with execution of contracts, bonds, permits, pre-qualification statements and other agreements; assist with contractual risk management activities of the department. Approximately 30 percent of time will be spent on this duty.
2. Provide legal advice to department personnel in connection with internal policies and day-to-day operations: research and maintain accurate and current knowledge of state, federal and tribal laws, rules and regulations; prepare legal opinions; review correspondence, memoranda and departmental policies; draft and review of policy memoranda; provide training to department personnel on developments, threats, and opportunities of legal nature. Approximately 25 percent of time will be spent on this duty.
3. Hold Fair and Timely Administrative Hearings that Provide Due Process for all Petitioners, as assigned by general counsel or staff attorney: apply procedures and law in N.D.C.C. chapters 39-06, 39-06.1, 39-06.2, 39-16, 39-16.1, and others as required; comply with applicable Supreme Court decisions relating to evidentiary matters and other issues; receive all probative evidence that is properly offered relating to issues under consideration; prepare recommended decision within statutorily required time; draw findings of fact based on preponderance of the evidence; draw conclusions of law based on the findings of fact; make decision based on the conclusions of law; make clear and complete recording of proceedings; maintain decorum at hearings; maintain familiarity with and proficiency in the application of laws, rules, and court decisions relating to matters under the jurisdiction of NDDOT. Approximately 15 percent of time will be spent on this duty.
4. Monitor pending litigation: provide coordination between department and outside legal counsel; review and respond to requests for records and information in Legal Division files; assist in evaluation of arbitration claims filed in connection with construction contracts; assist in the investigation of claims and potential claims; assist other division and the Attorney General in reviewing and responding to requests for records and information; resolve questions by litigators as to preference/policy of department. Approximately 5 percent of time will be spent on this duty.
5. Promulgate administrative rules: draft proposed rules and amendments and repeals of existing rules; draft notices of proposed rulemaking and direct filing and publication of those notices; draft explanatory materials concerning proposed rulemaking; assist with division and office drafts as appropriate; obtain opinion of the Attorney General; assist involved division in conducting rulemaking hearing; assist involved division in interpreting comments and implications thereof; prepare and file final rules with legislative council. Approximately 5 percent of time will be spent on this duty.
6. Draft and monitor proposed state legislation: research state and federal law that may affect purpose of bill; confer with department manager who has requested bill draft or who has knowledge of intended purpose of bill; draft bills and amendments; draft and present testimony before legislative committee; assist with division and office testimony as appropriate; analyze proposed legislation and provide analysis and recommendations regarding its impact; assist department personnel in analyzing and interpreting proposed legislation; contact legislators and bill sponsors in connection with amendments to bills and bill passage. Approximately 5 percent of time will be spent on this duty.
7. Respond to citizen questions and complaints: review statutes, case law and department policies; contact department personnel and refer questions to other divisions when appropriate; arrange and participate in meetings with interested parties when appropriate; resolve question or complaint through written correspondence or telephone call. Approximately 5 percent of time will be spent on this duty.
8. Assist state's attorneys and other government agencies: review statutes, case law and department policies; contact department personnel and refer questions to other divisions when appropriate; draft written response or resolve by telephone call; draft Attorney General opinions as assigned by General Counsel Approximately 5 percent of time will be spent on this duty.
9. Review each new hearing file, set hearing time and date and place, and prepare hearing notices: determine hearing issues; check hearing request for timeliness; check hearing file for completeness; determine need for witnesses and issue subpoenas when appropriate; check availability of hearing participants, if requested by petitioner; check availability of hearing site; set time, date, place, and manner for hearing; prepare hearing notice and other documents as appropriate; send copy of hearing notice to each hearing participant and send copies of evidentiary documents to petitioner or counsel. Approximately 4 percent of time will be spent on this duty.
10. Review and ensure accuracy of hearing transcripts of testimony and proceedings in administrative hearings for certification to district court for decisions appealed: review electronic copy of transcript of appealed hearing, comparing the electronic copy of the transcript to the audio recording of the hearing; make corrections as needed to ensure accuracy of the transcript; certify the corrected transcript for submission to the district court. Approximately 1 percent of time will be spent on this duty.
April 6, 2013