Enforcement Prosecution Attorney II

Job Description 

The Prosecutor is selected by and responsible to the Chief Prosecutor and performs moderately complex attorney work, enforcing the statutes and rules of the agency.  Work involves reviewing inspection reports, which may include reviewing and analyzing indicators of human trafficking and making decisions about case resolutions; preparing legal documents; prosecuting violators in administrative proceedings before an administrative law judge; negotiating settlements; and overseeing the work of legal assistants.  Work is performed under general supervision of the Chief Prosecutor with moderate latitude for the use of initiative and independent judgment. The attorney will perform other duties as assigned and required to maintain agency operations. 

Essential Duties 

• Manages a high-volume caseload that includes cases under multiple TDLR statutes. 
• Reviews inspection reports, investigation reports, and data reports from agency databases, and determines whether violations have occurred, including identifying possible indicators of human trafficking.
• Researches and interprets statutes, rules, regulations, codes, indicators of human trafficking, and administrative records, and analyzes their applicability and significance in specific fact situations presented in cases. 
• Prepares notices of alleged violation, notices of hearing, motions, legal briefs, case closing letters, agreed orders, emergency orders related to human trafficking, and other appropriate legal documents and correspondence related to enforcement cases.
• Decides the manner in which enforcement cases will be resolved.  Brings cases to final resolution as expeditiously as possible. 
• Negotiates settlements of enforcement cases.
• Represents TDLR in the formal prosecution of enforcement cases in administrative hearings before the State Office of Administrative Hearings (SOAH).  Presents the testimony of witnesses and documentary evidence in accordance with the Texas Rules of Evidence and makes legally-sound oral arguments.
• Prepares exceptions to Proposals for Decision as needed and presents oral argument on contested cases to the Commission.
• Performs duties in accordance with the Complaint Resolution Procedures Manual, the Enforcement Plan and the Criminal Conviction Guidelines. 
• Consults regularly with other attorneys to ensure consistency in the application of laws, rules, and enforcement policies. 
• Assists in educating the regulated industries and the public by making appearances before groups and speaking about laws, rules, agency policies, enforcement actions, and indicators of human trafficking affecting the subject industries.
• Attends advisory board meetings and presents information about the activities of the Enforcement Division.
• Complies with division and/or agency training requirements.
• Demonstrates a spirit of teamwork, offering positive and constructive ideas, encouragement and support to other members of the staff and team, while upholding the agency’s core values.
• Keeps management appropriately informed of ongoing activity and critical matters affecting the operation and well-being of the agency. 
• Adheres to all TDLR Personnel Policies and performs other duties as assigned. 

Minimum Requirements

Graduation from an accredited law school with an L.L.B. or J.D. degree.  Member in good standing with the State Bar of Texas.  One (1) year of litigation experience preferred.  Experience with regulatory enforcement or criminal prosecution preferred.