Full job description

Legal Assnt III (00041540) Organization : TEXAS MEDICAL BOARD

Primary Location : Texas-Austin Work Locations : George H.W. Bush 1801 Congress Ave Suite 9.200 Austin 78701

Job : Legal

Employee Status : Regular

Schedule : Full-time Standard Hours Per Week : 40.00

State Job Code : 3576

Salary Admin Plan : B

Grade : 20

Salary (Pay Basis) : 4,584.54 - 4,584.54 (Monthly)

Number of Openings : 1

Overtime Status : Non-exempt

Job Posting : Apr 12, 2024, 8:25:47 AM

Closing Date : Apr 25, 2024, 11:59:00 PM

Description

TEXAS MEDICAL BOARD

STATE JOB VACANCY NOTICE

LITIGATION DEPARTMENT

INTERNAL/ EXTERNAL

Job Posting: 24-503-52 Opening Date: 04/12/2024 No. of Openings: 1

Monthly Salary: $4,584.54 Closing Date: 04/25/2024 Type of Employment: Full-time

Job Title: Legal Assistant

Classification: Legal Assistant III

Job Class/Salary Grp: 3576/B20

FLSA Status: Non-Exempt

Remote eligibility: Yes/ Category 3

Location: George H.W. Bush Building, 1801 Congress Ave Austin TX 78701

How to Apply: All applications for employment with the Texas Medical Board must be submitted electronically via CAPPS at CAPPS RECRUIT or submit application through Work in Texas (WIT) before 12:00 a.m. central time on the job closing date. Applications can be FAXED to 512.305.7124 or e-mailed to Human.Resources@tmb.state.tx.us. All fields on the application must be completed. We may reject applications that do not include all of the required information. Resumes do not take the place of the information required on the state of Texas application.

Additional Information: Must reside in Texas. No dual state employment with another state agency or higher education is allowed. Must provide DOB for Department of Public Safety background check. TMB will verify prior state service. Agency does not reimburse for travel or lodging expenses to attend job interviews. Virtual job interviews can be requested. For veteran’s preference, please submit with your application a copy of the DD-214; statement of compensation from the Veteran’s Administration.

Military Crosswalk information can be accessed at:

AGENCY INFORMATION

We have over 200 employees across the state of Texas. We are a collaborative and team environment work culture that values an environment of trust and accountability as we work towards our Board’s mission to protect and enhance the public’s health, safety, and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline, and education.

We value employee work-life balance and provide our team incentives that include telework, flexed and compressed work schedules, wellness leave incentives, health and retirement programs, 401K, parental paid leave, vacation and sick leave paid, holiday pay, free parking, tuition fee reimbursement, and other various benefits.

GENERAL DESCRIPTION

Performs highly complex (senior level) legal assistant work to support Staff Attorneys responsible for enforcement litigation. Duties include analysis of investigative reports and managing legal/administrative support for SOAH hearing processes, including knowledge of SOAH rules, filing process and deadlines. May assist with training and oversight of administrative staff. At the direction of staff attorneys is responsible for preliminary preparation of SOAH case evidence. Assists with investigative process for SOAH cases including processing subpoenas, obtaining certified records from courts and other public entities, obtaining, verifying, and organizing affidavits and working with non-retained witnesses to obtain sworn statements and affidavits on SOAH cases. May attend proceedings and assist staff attorneys with presentation of evidence. May work with investigations department to obtain prescription data for licensees. For SOAH cases assists with case tracking, organization of pleadings and discovery and maintains litigation files electronically. Works with administrative staff to maintain the agency file and verify evidence returned from SOAH. Assists with preparation of evidence for review by expert witnesses. Assists with evidence organization, witness coordination, certification of documents, affidavits and sworn statements in temporary suspension and cease and desist cases. Reports to the Legal Assistant Supervisor and the Manager of Litigation. Works under limited supervision with considerable latitude for the use of initiative and independent judgment.

PRINCIPAL JOB FUNCTIONS

State Office of Administrative Hearings Support

10% Case Management and Organization

Knowledge of SOAH Rules of Procedure.

Familiarity with assigned cases and deadlines.

Analyze investigative material/evidence and manage and organize legal/administrative support for SOAH processes.

Assists in organizing and prioritizing staff attorney caseloads; maintains tickler system to ensure all SOAH deadlines are met; and calendaring of Scheduling Order deadlines for staff attorney.

Organize and maintain Litigation files electronically and in notebooks as necessary.

Verifies electronic agency files and case files are complete and accurate.

20% Legal Documents and the Mailing and Filing of Legal Documents

Draft, review, and prepare SOAH related documents, including Complaints, pleadings/motions, responses to pleadings/motions, discovery request, discovery responses, and legal correspondence.

Prepare and file with SOAH legal documents, including Complaints, pleadings/motions, responses to pleadings/motions, and when necessary, legal correspondence to the Administrative Law Judge (ALJ).

Properly file confidential material with SOAH.

Prepare and mail SOAH related legal correspondence and documents.

Proofread legal documents and correspondence for accuracy.

15% Mediation

Draft and prepare mediation related documents for staff attorney's review.

Confidentially and timely submit approved mediation material to the assigned Board member and ALJ.

Prepare Mediated Agreed Orders for presentation to the Board for review and approval.

5% Depositions and Subpoenas

Draft, review, and prepare deposition and subpoena documents.

Provide deposition and subpoena documents to staff attorney and Litigation manager for review prior to requesting Executive Director's approval and signature.

Arrange a court reporter for depositions and process service for depositions and subpoenas.

Assemble deposition notebooks.

20% Evidence and Hearings

Review and analyze investigative material; assist in coordinating, assembling, and preparing evidence, and evidence related documents for SOAH proceedings; submit prepared material to staff attorney and Litigation manager for approval; and make necessary revisions as requested by staff attorney and Litigation manager.

Assists with preparation of evidence to provide to the Expert Witness.

Draft and prepare the Evidence Index and Patient ID List for expert review.

Responsible for preparing evidence per the Scheduling Order and staff attorney. Assemble hearing notebooks.

Responsible for filing evidence with SOAH and mailing evidence to the Licensee or Licensee's attorney.

Attend SOAH proceedings and assist with witnesses scheduled to appear, presentation technology, and general document and exhibit organization.

5% Preparing for Board

Prepare and coordinate final determinations, including Mediated Orders, Final Orders, Default Orders, and dismissals for presentation to the Board for review and approval.

Prepare and mail notice of scheduled Final Order/Default Order presentation to the Board to Licensee and Licensee's attorney.

Informal Settlement Conference Support

15% ISC Support as Assigned

Case Management and Organization

Analyze investigative material and manage and organize legal/administrative support for the Informal Show Compliance and Settlement Conferences (ISC).

Temporary Suspension (TS) and the Cease & Desist (C&D) processes.

Assist in organizing and prioritizing staff attorney caseloads.

Maintain tickler system to ensure all ISC, TS and C&D deadlines are met.

Organize and maintain Litigation files electronically and in notebooks as necessary.

Preparing and Mailing of Packets and Attending Hearings

Review and analyze investigative material; summarize issues; assists in coordinating, assembling, and preparing evidence, and documents (ISC, TS and C&D packets) for use in informal Board proceedings; submit ISC packets to staff attorney and Litigation manager for approval; and make necessary revisions as requested by staff attorney and Litigation manager; responsible for mailing/providing packets timely to General Counsel, licensee, and licensee's attorney; and prepares staff attorney for informal Board proceedings.

Attend informal Board proceedings and assist with witnesses scheduled to appear, presentation technology, and general document and exhibit organization.

Processing of ISC Pre ISC Responses/Rebuttals

Assists with preparation and mailing/providing of licensee's rebuttal to ISC expert witnesses, General Counsel, and panel members.

Assists with preparation and mailing/providing of expert rebuttal opinion to General Counsel, panel members, licensee, and licensee's attorney.

Post ISC Correspondence and Preparing for Board

Drafts, prepares, and mails Orders (including Remedial Plans) and other related ISC, TS and C&D legal correspondence and documents. Proof orders, legal documents, and correspondence for accuracy.

Prepares complainant dismissal letters for staff attorney review and Litigation Manager signature.

Prepares and coordinates final determinations, including Orders/Remedial Plans and dismissal memos for presentation to the Board for review and approval.

Departmental Support

10% Other Legal Proceedings and Departmental Support

Prepares evidence and agency administrative records for cases being appealed.

Assists with the ISC and SOAH processes, as well as special projects related to cases and the department needs in general.

Analyze legal sources such as statutes, administrative records, rules, and regulations including Texas Administrative Code, Texas Occupations Code and Board Rules.

Performs related ISC work as assigned.

Performs related SOAH work as assigned.

Training of administrative support staff.

EXPERIENCE AND EDUCATION

Graduation from standard senior high school or equivalent is required.

Certificate of graduation from a course of study as a Legal Assistant/Paralegal and/or graduation from an accredited four-year college or university with major course work in law or a related field is preferred.

Experience in legal assistant/paralegal work is required.

Must be in good performance standing in the agency and in your department.

Experience handling SOAH matters is preferred.

Must be proficient in MicroSoft software (Word, Excel, E-Mail), SharePoint, and Teams.

KNOWLEDGE, SKILLS, AND ABILITIES

Knowledge of legal terminology, or research methods, and techniques; and of administrative and court procedures

Knowledge of office practices and procedures

Skills in operation of word processing and other standard office equipment

Skills in management of filing systems to assure accurate and rapid storage and retrieval of case documents.

Skill in establishing and maintaining cooperative working relationships.

Ability to plan work and meet deadlines.

Ability to prioritize work to effectively meet multiple project deadlines.

Ability to analyze complex documents.

Ability to prepare detailed reports and documents.

Ability to conduct moderately complex legal research, interpret statutes, rules, regulations, and case law, and relate research to cases in question.

Ability to train and provide guidance to others.

Ability to establish goals and meet them.

Ability to organize and handle multiple tasks with flexibility.

Ability to communicate and interact effectively with members of the public and peers.

Ability to consistently display a professional demeanor.

PHYSICAL REQUIREMENTS AND / OR WORKING CONDITIONS

This position is eligible for telecommuting after completion of training.

The principal job is performed in a standard office or remote environment and requires:

Must reside in Texas.

Regular and punctual attendance Monday- Friday

Must respond to internal and external communications in a timely manner which is at least.

o within 24 hrs (1 business day) of when external communication is received

o within 24 hrs (1 business day) of when internal communication is received

o within 15 minutes while working remotely during business hours if contacted by your manager or Supervisor unless you are on a pre-approved leave or on a recognized lunch or exercise break

Frequent use of personal computer, copiers, printers, fax machines and telephones

Frequent sitting

Frequently working under deadlines, as a team member, and in direct contact with others

Compliance with all agency policies and procedures, including but not limited to applicable confidentiality, security and safety rules, regulations, and standards.

Applicants must have or can secure high-speed internet access with a minimum speed of 20 MBPS download and 2 MBPS upload. Applicants may be required to provide confirmation from the area ISP.

EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

The Texas Medical Board does not discriminate on the basis of race, color, national origin, sex, age, religion, disability, or veteran status. Employment opportunities shall not be denied a qualified individual with a disability that requires a reasonable accommodation. The applicant should communicate requests for reasonable accommodations by calling (512) 305-7146.

Selective Service Requirement: If selected for employment, male applicants age 18 through 25 must present proof of registration or exemption with the federal Selective Service System.

Qualifications