Description
This posting is for the State of Hawaii, Department of Commerce and Consumer Affairs, Regulated Industries & Complaints Office, Legal Staff Branch.
The position is located on Oahu (Downtown Honolulu).
Salary commensurate with education and experience.
If you have any questions regarding this non-civil service exempt position, please send an email to Ms. Stacia Silva at ssilva@dcca.hawaii.gov.
The State Recruiting Office will refer all inquiries regarding this exempt position to the Department of Commerce and Consumer Affairs.
Duties Summary
The organizational unit enforces the State’s professional and vocational licensing laws by prosecuting and/or resolving complaints informally. The unit screens or reviews investigations for prosecutorial suitability and resolves cases informally; initiates administrative disciplinary proceedings against licensees regulated by the department’s professional and vocational licensing boards, commissions and programs; and files lawsuits in the Circuit Courts for unlicensed activity. The unit processes information requests, enforces division subpoenas before the Circuit Courts and defends those demanding RICO case records, and administers the State Certified Arbitration Program (SCAP). The unit is also available to division employees who have legal questions concerning complaints processing and/or the licensing laws and/or the SCAP.
The function or primary purpose of the position is to perform customary legal duties as a RICO staff attorney (e.g., enforce the State’s professional and vocational licensing laws through resolving complaints, initiating and administratively prosecuting errant licensees, and initiating and prosecuting civil lawsuits against persons engaging in unlicensed activity), while also putting forth collection efforts for unpaid fines that have been imposed through the unit’s efforts.
MAJOR DUTIES AND RESPONSIBILITIES
| A. Performs Legal Activities 90%
1. Reviews or screens investigations for prosecutorial suitability.
2. Initiates legal action and pursues prosecution in an administrative hearing context to suspend, revoke or otherwise discipline the license of a professional or vocational licensee.
3. Initiates formal resolutions or civil actions that include injunctive relief that are prosecuted in the circuit courts against persons who have been operating without obtaining a license required by a licensing board.
4. Monitors, and if needed injects RICO into proceedings or matters pending with a professional or vocational board or program, or with another jurisdiction or agency, that may impact RICO enforcement, cases or complaints.
5. Appears at legal proceedings to enforce departmental subpoenas that have been issued for a RICO case and responds to or oversees responses to subpoenas for RICO-division case information and for the RICO records custodian in their official capacity.
6. Assists with division responses to UIPA and other information requests concerning RICO case files and complaints.
7. Drafts miscellaneous legal matters, including but not limited to requests for legal representation of division personnel in their official capacity and requests for informal opinions to a professional and vocational licensing board, commission or program.
8. Exercises discretion in resolving complaints including deciding whether to negotiate out of court settlements or to pursue formal enforcement through a trial on the merits.
9. Manages caseload and casework with due regard for unit staffing and resources.
10. Takes collection enforcement action for unpaid fines and judgments, including periodically inventorying the number of complaints with unpaid fines, filing circuit court actions to transform unpaid, administratively-imposed fines and restitution into judgments, registering/filing judgments, severing & apportioning or assigning to complainants any judgment for sums in their favor, verifying that individuals with unpaid fines are on RICO’s tax-intercept lists, periodically inventorying and renewing stale judgments, and collecting, or putting RICO in a better position to collect, unpaid monetary judgments.
B. Assists investigators 5%
1. Reviews investigations to determine whether legal action is appropriate.
2. Advises or consults with investigators about legal and evidentiary requirements for proving a violation of the various licensing laws.
C. Performs other duties as required 5% 100% |
Minimum Qualification Requirements
Education: Graduation from an accredited law school with a Juris Doctor degree.
Experience: Possess at least two (2) years of litigation experience which included the preparation of pleadings, motions or other court documentations and regular court appearances. Background in legal collections work is strongly preferred.
Knowledge: Understanding of general legal principles and statutory and case law.
Skills/Abilities: Ability to research legal issues and interpret statutes. Good oral and written communication skills.
Requirement: Licensed to practice law in the State of Hawaii.
Legal Authorization to Work Requirement: The State of Hawaii requires all persons seeking employment with the government of the State shall be citizens, nationals, or permanent resident aliens of the United States, or eligible under federal law for unrestricted employment in the United States.
Other Information
This position is exempt from the civil service and considered temporary in nature. Therefore, if you are appointed to the position, your employment will be considered to be "at will," which means that you may be discharged from your employment from the department head or designee at any time.
HOW TO APPLY:
Please complete and submit an Application for Non-Civil Service Appointment (HRD 278). Applications can be found at https://cca.hawaii.gov/jobs/
Please email resume and application to Ms. Stacia Silva at ssilva@dcca.hawaii.gov.
NOTE: The State Recruiting Office will refer you to the Department of Commerce and Consumer Affairs regarding this exempt position.
