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Commonwealth of Pennsylvania |
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POSITION DESCRIPTION FOR JOB POSTING |
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Position Number: 00210332 |
Description Activated On: 7/28/2025 11:42:44 AM |
Position Purpose: Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. Provides legal support and advice to the Board Staff to ensure Staff can effectively and efficiently apply and enforce the statutes and regulations administered by the Board. It also advises the Chief Counsel in providing advisory and administrative legal services necessary to the agency’s operation. |
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Description of Duties: Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor. The Staff Attorney advises the Board's staff so that it can effectively apply and enforce the statutes and regulations administered by the Board. The agency’s Legal Bureau consists only of a Chief Counsel and a Staff Attorney. Therefore this position requires the ability to exercise sound, independent legal judgment during periods when the Chief Counsel is absent from the office. This position requires the ability to work independently from the Chief Counsel in performing prosecutorial functions, representing Board Staff at hearings, and providing legal services to Staff. Advises Board Staff as to the interpretation and implementation of the Milk Marketing Law, the Milk Marketing Fee Act, the Milk Producers’ Security Act, Board regulations, Official General Orders, and other laws and legal precedent. Provides guidance to the Board Staff in investigatory matters to ensure sound and complete presentations to the Board for prosecutions, reviews referrals for prosecution from the Board Staff, issues citations as appropriate, engages in settlement negotiations, prosecutes cases before the Board, and follows up to ensure compliance with Board orders and negotiated settlements. Represents Board Staff at price and regulatory hearings: coordinates Board Staff preparation for hearings; reviews and distributes testimony and exhibits to interested parties and Board Staff; conducts direct and cross examination; prepares post-hearing briefs. Coordinates the activities of the licensing and bonding function and reviews license applications for compatibility with legal requirements, including bonding requirements, and for appropriate classification of licenses. Responds to telephone and written inquiries from the public and from entities regulated by the Board. Advises the Chief Counsel in providing advisory and administrative legal services necessary to the agency’s operation. Assists the Chief Counsel in drafting new or amended regulations. Conducts legal research and prepares memoranda of law for the Chief Counsel on issues related to litigation or the development of agency policies and procedures. Drafts memoranda of understanding and interagency agreements; may assist the Chief Counsel in preparing more complex contracts and legal agreements. Maintain and coordinate agency’s continuity of operations plan. Performs additional administrative and legal services as required and directed. |
Decision Making: Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature. Comingling of prosecutorial and judicial functions is prohibited. The Board acts in a quasi-judicial manner hearing prosecutions and rate setting matters pursuant to the advice of the Chief Counsel. Since the Chief Counsel advises the Board, the Chief Counsel is prohibited from providing specific direction/supervision to the Staff Attorney regarding matters that are the subject of hearings. This prohibition also applies to matters that may become the subject of hearings. Therefore, in performing duties related to hearings and investigations the Staff Attorney must work and make decisions related to these matters almost entirely independently. On the basis of Board Staff investigations the Staff Attorney independently of the Chief Counsel decides if prosecutions are warranted and if so, contributes to deciding appropriate punishment. The Staff Attorney independently decides in all hearing matters what evidence and witnesses to present and how the evidence and witnesses are presented. In licensing and bonding matters the Staff Attorney independently decides, with Chief Counsel input if appropriate, if applications and bonds meet the necessary legal requirements because licensing and bonding matters may be subject to Board hearings. |
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Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License Experience: 2+ years of progressively responsible legal experience. 2+ years of litigation experience. Licenses, registrations, or certifications: 1. License to practice law in Pennsylvania 2. N/A 3. N/A 4. 5. 6. |
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Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
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