Senior Counsel and Associate General Counsel

About the Organization:

The Office of Consumer Affairs and Business Regulation (OCABR) is a state agency within the Executive Office of Economic Development and is responsible for protecting consumers through advocacy and education. The Office of Consumer Affairs works to ensure that the businesses our agencies regulate treat all Massachusetts consumers fairly. The Division of Banks ("DOB"), Division of Insurance ("DOI"), Division of Occupational Licensure ("DOL"), Division of Standards ("DOS"), and Department of Telecommunications and Cable ("DTC") all fall under the OCABR umbrella and help us to fulfill our critical mission of building better businesses and smarter consumers.

The Office of Consumer Affairs and Business Regulation is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Office or Consumer Affairs and Business Regulation values inclusiveness and diversity within their employee and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.

The Office of Consumer Affairs and Business Regulation is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens.

About the Role:

The Counsel III, Senior Counsel and Associate General Counsel (“Senior Counsel”) serves as the Agency’s subject matter expert on hearings for disciplinary cases for the Home Improvement Contractor Program (‘HIC’). The Senior Counsel conducts adjudicatory hearings for HIC. The Senior Counsel drafts written decisions, manages assigned case load, and assembles the administrative record for all adjudicatory matters.  The Senior Counsel supervises Legal Counsel, and 2 Review Examiners and works with them to maintain efficiency in their dockets; reviews their draft opinions as necessary; creates best practices; supports training; and acts as a point of contact for management. Specific assignments may vary, based on the operational needs of the Agency. The Senior Counsel may perform other legal and administrative tasks, as necessary or required, based on the operational needs of the agency such as serving as a liaison to the Attorney General’s Office on M.G.L. c. 30A HIC appeals and providing legal support and/or to staff the Agency’s regulatory programs (HIC, Lemon Law, Data Breach, and Do Not Call); and, in coordination with the legal management team, supervising and coordinating assignments for legal interns hired by the Agency. Assignments may vary based on business and/or operational needs at any time.

Duties and Responsibilities:

• Serve as a Presiding Officer for administrative hearings pursuant to G.L. c. 30A, G.L. c. 142A, and 801 CMR, in cases arising out of the HIC program.
• Serve as senior legal advisor and the Agency’s subject matter expert on issues related to Home Improvement Contractor Program; Lemon Law Arbitration; Data Breach, and Do Not call including, but not limited other codes, policies, regulations and statutes. 
• Provide supervision to Legal Counsel, Review Examiner(s) assigned to the Agency’s Home Improvement Complaints unit complaint hearings and legal assignments. When necessary, fill in or attend meetings, provide legal advice and supervisory guidance, and review major policy decisions or documents, and flag them for the General Counsel’s review. Advise Review Examiners on drafting and evidentiary rules, meet regularly with Review Examiners, draft performance reviews, advise the General Counsel on the status of matters in the Complaints Unit.
• In coordination with the General Counsel, oversee the Agency’s legal intern. Recruit, hire, train, and manage the Agency’s legal internship program. Coordinate assignments for interns. Provide regular supervision through meetings and review of work product.
• In coordination with the General Counsel, receive, process, review, and coordinate responses to M.G.L. c. 30A appeals and other, outside litigation referred from the Attorney General’s Office (AGO). Serve as liaison to assigned Assistant Attorney General and other AGO staff. Assemble and transmit the administrative record and associated information. Maintain and update a litigation tracker of all outside appeals and related litigation.
• Attend meetings related to SCA regulatory legal obligations and provide legal support and advice to that agency on matters that come before it. Such matters may include but are not limited to: legal issues relating to the practice of regulated professions; the open meeting law; public records law; state ethics law; agency and board policies; and court decisions and litigation affecting agency operations and business.
• Advise Agency on the process governing the promulgation of regulations pursuant to G.L. c 30A, associated regulations, and other requirements. This includes: drafting regulations on behalf of the professional practices overseen by the Agency; advising on legal matters pertaining to proposed regulations; presenting the proposed regulations to the Undersecretary/Director for review and approval; prepare draft regulations, including cover memorandum and filing forms, for review and approval; schedule and coordinate public hearing(s) for proposed regulations; modify regulations, if necessary, based upon public comment received from public hearing; presents final draft of proposed regulations for review and approval; and file final regulations with the Secretary of State's Office, including hard copy of proposed regulations with handwritten revisions.
• Review, analyze and summarize legislation relevant to the Office of Consumer Affairs and Business Regulation. Draft proposed legislation; prepare memoranda for Agency review and or legislative committees, supporting or opposing legislation.
• Advise Agency on disciplinary matters before the body, as well as the conduct of 30A adjudicatory hearings, including but not limited to: the review of pending cases regarding the sufficiency of evidence; provide advice regarding the settlement of cases; review and comment on draft decisions by hearing officers; and providing advice regarding the final disposition of the case post-hearing, including review of final decisions and orders.
• Consult with other legal counsel and Agency officials regarding the appeal of decisions by individuals; act as the Agency contact with the Office of the Attorney General on such matters and advise the assigned assistant attorneys general regarding Agency decisions that have been appealed, as well as litigation challenging Agency policies or regulations; reviewing pleadings to be filed on behalf of Agency programs; and updating the status of cases pending appeal in the monthly Outside Litigation Report.
• Identify opportunities for improving Agency processes, work product, and outreach. Work cooperatively with other Agency staff on project teams to improve existing processes and implement new ones, including but not limited to: writing regulations; designing and implementing processes for the implementation of new laws and regulations; designing and conducting training seminars, when appropriate, for other counsel, HIC and Lemon Law arbitrators, and other agency staff and public and private sector groups, regarding agency practices, the complaint process, and administrative law; assist in the development and maintenance of a form bank of documents for use by other counsel and hearings officers. Assist in the development and maintenance of a reference system of unpublished legal decisions.
• Act as a liaison with representatives of other governmental agencies at the local, state and federal levels, and the private sector, to identify and resolve problems of common concern.
• Provide other legal advice and administrative assistance, as directed.

Preferred Knowledge, Skills, and Abilities:

• Experience in litigation and/or administrative hearing processes.
• Competency in using computer word processing systems and managing computer databases.
• Experience in legal research, legal writing, and participation in civil procedures and processes.
• Strong interpersonal and organizational skills.
• Experience with construction law and the licensure of various trades and associated professions.
• Knowledge of theory, principles and practices of law.
• Knowledge of procedures followed in courtroom and administrative proceedings.
• Knowledge of the methods and ability to conduct legal research and technical report writing.
• Ability to read and interpret legal documents and apply the law, rules and regulations governing agency operations.
• Ability to exercise discretion and sound judgment.
• Ability to interact effectively with diverse groups of people.
• Ability to communicate effectively, both verbally and in writing, to clearly and concisely express thoughts and develop ideas in a logical manner.
• Ability to use a computer to conduct research, manage databases, and produce written documents.
• Ability to lead or work with cross-functional project teams.
• Ability to manage multiple projects and project teams.
• Ability to exercise discretion in safeguarding information through compliance with rules of disclosure.
• Ability to supervise, including planning and assigning work according to the nature of the job to be accomplished, the capabilities of subordinates, and available resources; controlling work through periodic reviews and/or evaluations; determining the need for and recommending disciplinary action.

All applicants should attach a cover letter and resume to their online submission for this position.