Attorney-Advisor
This position serves as Attorney-Advisor in the Office of the Chief Administrative Law Judge and is located in the Denver, CO. The primary purpose of this position is to provide legal research, draft positions, opinions, memoranda, and advice to the Review Commission in a variety of legal areas. Cases can be small, moderate, or large and can have multiple and highly complex issues. This position reports directly to the First Judge who reports to the Chief Administrative Law Judge (ALJ).
Major duties
Analyze cases to define the legal and factual issues. Examine the pleadings, transcript or testimony, documentary exhibits, and briefs of the attorneys in connection with the issues of fact and law presented. Search relative statutory provisions and legislative history, applicable regulations of the DOL and the Review Commission, and relevant court and Commission precedent on points of law. Prepare memoranda, digesting, and analyzing the factual and legal issues that are presented including, in some lengthy cases, an indexing or summarizing of testimony or exhibits. Draft decisions and orders for the presiding ALJ addressing the factual and legal issues that have been assigned. Respond, at the request of the presiding judge, to inquiries by telephone or mail. Investigate the facts, research legal precedents, define the legal and factual issues, reading, and analyze the record and arguments, develop conclusions and recommendations, and draft orders in consultation with ALJs. Attend a formal hearing presided over by an ALJ. Utilize available technology to effectively identify and manage cases. This includes using Westlaw's computerized research system and keeping abreast of changes in information technology. Examine the motion for its legal sufficiency which includes study and analyze the citation, proposed penalty, notice of contest, complaint, answer, other motions, orders, and pleadings. Conduct a detailed analysis of the factual and legal issues presented. Conduct legal research and analyzing and studying the statutes, regulations, and legal precedents, as well as the Commission's rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence.
Qualifications
Applicants must possess at least three years of professional legal experience following law school. Current Federal employees must have one year time-in-grade at the next lower grade level of GS-12 to qualify.
Education
Applicants must have graduated with a law degree (such as a J.D.) from a school of law accredited by the American Bar Association and be an active member in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar. There is a positive education requirement for this position. Transcripts (unofficial) are required at the time of application to verify that you meet the educational requirement. Only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education may be credited. Applicants can verify accreditation at the following website: https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/college-accreditation. Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and that such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: International and Foreign Language Education | U.S. Department of Education. Part-time or unpaid experience: Credit will be given for appropriate unpaid work on the same basis as for paid experience. Part-time experience will be credited on the basis of time actually spent in appropriate activities. To receive credit for such experience you must indicate clearly the nature of the duties and responsibilities in each position held and the number of hours per week spent in such employment.
Requirements
U.S. Citizenship is required. This is not a remote position. The incumbent is expected to report to OSHRC Denver office located at the U.S. Custom House, 721 19th Street, Denver, CO 80202. However, situational telework may be available as determined by the agency's policy. Relocation expenses will not be paid. This position is in the excepted service. New excepted service employees are required to complete a one-year trial period. For more information on the Excepted Service appointments, please visit: Excepted Service Appointing Authorities at guidance-on-schedule-a-authority-for-attorney-hiring.pdf This position is excluded from provisions of the Career Transition Assistance Plan (CTAP) and the Interagency Career Transition Assistance Plan (ICTAP). All employees are required to participate in direct deposit/electronic funds transfer for salary payments. A preliminary security background check is required for this position. Applications will not be accepted in postage paid Government envelopes. The Immigration Reform and Control Act of 1986 requires employers to hire only individuals who are eligible to work in the U.S. If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System. Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system.