Board Counsel II

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Board Counsel II
Duties: Attend board meetings and other meetings related to assigned boards, divisions, offices, or units, and provide legal support and advice to that body on matters that come before it. Such matters may include: Legal issues relating to the practice of regulated professions; the open meeting law; public records law; state ethics law; agency and board policies; and court decisions and litigation affecting board operations and business. Advise assigned boards, divisions, offices, or units on the process governing the promulgation of regulations pursuant to G.L. c 30A, associated regulations, and other requirements. This includes: drafting regulations on behalf of the professional practices overseen by the assigned boards, divisions, offices, or units; advising on legal matters pertaining to proposed regulations; presenting the proposed regulations to the board, division, office or unit, as well as the Agency, for review and approval; prepare draft regulations, including cover memorandum and Executive Order 562 filing forms, for review and approval; schedule and coordinate public hearing(s)for proposed regulations; modify regulations, if necessary, based upon public comment received from public hearing; present final draft of proposed regulations for review and approval; and file final regulations with the Secretary of State’s Office, including hard copy of proposed regulations with handwritten revisions. Review, analyze and summarize legislation relevant to assigned boards, divisions, offices, or units. Draft proposed legislation; prepare memoranda for Agency review and or legislative committees, supporting or opposing legislation. Advises assigned boards, divisions, offices or units, on disciplinary matters before the body, as well as the conduct of 30A adjudicatory hearings: the review of pending cases regarding the sufficiency of evidence; provide advice regarding the conduct of investigative conferences; provide advice regarding whether to file an Order to Show Cause or dismiss a complaint; provide advice regarding proposed consent agreement terms to be attached to cases referred to the Office of Prosecutions; provide advice regarding participation of the board, division, office or unit in the conduct of adjudicatory hearings; provide advice regarding the settlement of cases pending prosecution; review and comment on draft decisions by hearing officers; and providing advice regarding the final disposition of the case post-hearing, including review of final decisions and orders. Consult with other legal counsel and Agency officials regarding the appeal of decisions by assigned boards, divisions, office, or units; act as the Agency contact with the Office of the Attorney General on such matters and advise the assigned assistant attorneys general regarding board and division decisions that have been appealed, as well as litigation challenging board and Agency policies or regulations; reviewing pleadings to be filed on behalf of assigned boards, divisions, offices or units, and/or the Agency; and updating the status of cases pending appeal in the monthly Outside Litigation Report. Provide legal support and advice regarding negotiation and drafting of contracts and related documents for assigned boards, divisions, offices or units. Identify opportunities for improving Agency processes, work product, and outreach. Work cooperatively with other Agency staff on project teams to improve existing processes and implement new ones, including but not limited to: writing regulations; designing and implementing processes for the implementation of new laws and regulations; designing and conducting training seminars, when appropriate, for other board counsel, board members, investigators prosecutors, executive directors and other division staff and public and private sector groups, regarding board practices, the board complaint process, and administrative law; assists in the development and maintenance of a form bank of documents for use by other board counsel and hearings officers in the Office of Legal Counsel; assists in the development and maintenance of a reference system of unpublished legal decisions relating to the boards to which the incumbent is assigned. Act as a liaison with representatives of other governmental agencies at the local, state and federal levels, and the private sector, to identify and resolve problems of common concern (e.g., human trafficking, carbon monoxide poisoning incidents, insurance fraud). Provide other legal advice and administrative assistance, as needed or assigned.

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