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Baton Rouge

    Attorney 3 - Baton Rouge, United States - State of Louisiana

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    Description
    Supplemental Information


    About this position:


    This position is responsible for prosecuting the violations of the Nurse Practice Act in compliance with the Administrative Procedure Act.

    The prosecuting attorney must be an experienced litigator requiring little to no supervision.

    No Civil Service test score or assessment is required to be considered for this vacancy.


    To apply for this vacancy, click on the "Apply" link above and complete an electronic application, which can be used for this vacancy as well as future job opportunities.

    Applicants are responsible for checking the status of their application to determine where they are in the recruitment process. Further status message information is located under the Information section of the Current Job Opportunities page.


    • Resumes WILL NOT be accepted in lieu of completed education and experience sections on your application. Applications may be rejected if incomplete.

    For further information about this vacancy contact:
    Zedra Parker

    Minimum Qualifications


    MINIMUM QUALIFICATIONS:


    Possession of a license to practice law in the state of Louisiana, plus three years of experience as a practicing attorney.

    Job Concepts


    Function of Work:


    To serve as a senior attorney in a legal unit and/or to serve as a specialist in a certain law.


    Level of Work:
    Advanced.


    Supervision Received:
    Broad review from a higher ranking attorney, administrative law judge, or other agency administrator/executive.


    Supervision Exercised:
    Programmatic guidance over legal issues involved in assigned area of work.


    Location of Work:
    May be used by all agencies.


    Job Distinctions:


    Differs from Attorney 2 by supervision received, the presence of specialization in a specific area of law or hearings conducted.


    Differs from Attorney 4 by the level of independence exercised, the complexity of the specialized programmatic areas, supervision exercised, and supervision received.

    Differs from Attorney Supervisor by subordinate relationship.

    Examples of Work


    ATTORNEY:
    Represents a department in important litigation before trial and appellate courts and administrative tribunals.

    Provides guidance and assistance to attorneys of lower rank.

    Prepares and reviews the preparation and negotiation of contracts, requests for proposal, and other legal documents.

    To independently conduct evidentiary public hearings on issues concerning major program areas.


    Represents the agency in procedural and substantive legal and regulatory proceedings involving multiple scientific, technical, regulator, and legal issues combined.

    Drafts and reviews the drafting of new legislation.

    Advises department officials on legal problems.


    ATTORNEY/ADMINISTRATIVE LAW JUDGES/REFEREES:


    Conducts public, adversarial, evidentiary hearings throughout the state involving a constitutionally protected property right and frequently involving various, complex legal issues in which cases, there is no opportunity for another evidentiary hearing; examines or cross examines witnesses as necessary to fully develop the facts; rules on the admissibility of evidence; rules on procedural matters; administers the oath to witnesses and maintains decorum.

    Independently weighs the testimonial and documentary evidence presented, assesses the credibility of witnesses, and determines the facts.


    Researches and interprets the applicable law and jurisprudence; applies the law to the facts found and independently reaches a decision; prepares and issues a formal written opinion containing findings of fact, conclusions of law, the rationale for the decision and the judgment, which judgment is binding on the parties unless judicial review is sought.


    Develops an accurate record of the proceedings by insuring: that the proceedings are recorded; that the exhibits offered, proffered or introduced into evidence are adequately marked for identification and are physically placed in the record; that the sound recordings are accurately labeled; and that an index of testimony is prepared indicating at what point on what tape each witness testified and the nature of the examination.

    Decides whether, as a matter of law, the case should be disposed of without a hearing on the merits and orders limitations on the scope of the hearing; decides whether requested subpoenas are relevant and orders/declines the issuance of subpoenas; decides whether there is good cause shown and grants/denies requests for continuance.


    Determines nature and scope of hearing by reading the file and researching the applicable law; estimates length of hearing; schedules cases for hearing.

    Conducts a continuous study of applicable law and judicial decisions.

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