NOTE: This job announcement will remain open until the closing date or until 75 applications received, whichever comes first.
OPEN TO STATE OF COLORADO RESIDENTS ONLY
The Colorado Constitution, Article XII, Section 13 requires that applicants for state classified government jobs be residents of Colorado, unless this requirement is waived by the State Personnel Board. If the residency requirement has been waived for an announced vacancy, it will be noted on the job announcement and applications will be considered from individuals who are not residents of Colorado. This announcement does not include a residency waiver
The Hearings Unit:
The Hearings Unit is responsible for all matters related to the Oil and Gas Conservation Commission (Commission or OGCC) hearings. The Commission holds approximately twelve hearings each year. Additional hearings may be required for special matters such as rulemaking or topics affecting legislative decisions.
The Hearings Unit receives, analyzes, and processes all Applications for Commission Orders, adjudicatory hearings, and rulemaking requests. The Hearings Unit reviews applications to ensure proper notice, compliance with applicable procedural requirements of the Colorado Administrative Procedure Act (APA), OGCC Rules and Regulations (Rules), and the Oil and Gas Conservation Act (Act). Hearing Officers and Administrative Law Judges conduct all proceedings on applications assigned to them by the Commission, including enforcement proceedings.
The Hearings Unit works with OGCC technical staff (engineers, environmental protection specialists, field inspectors, permit technicians and production specialists) to develop and prosecute enforcement cases against operators alleged to be in violation of the Act, or Commission Rules or Order. The Hearings Unit works with the Assistant Attorney General on legal and litigation matters as necessary. Hearings Unit staff coordinate with the Assistant Attorney General on matters including: seeking legal advice on behalf of the agency, reviewing pleadings for factual and technical accuracy, preparing administrative records for court appeals of Commission decisions, and responding to requests under the Colorado Open Records Act (CORA).
The Hearings Unit currently consists of a Hearings Manager, four Enforcement Officers, one Enforcement Officer Supervisor, three Hearing Officers, one Hearings Supervisor, an NOAV Specialist, and a Hearings Assistant.
Description of Job
The position prosecutes violations of the Commission's Rules. An enforcement officer: 1) provides legal advice in the course of investigating alleged violations of Commission Rules and the issuance of Notices of Alleged Violations (NOAVs); 2) prepares enforcement cases for hearing and represents OGCC staff before the Commission in contested enforcement hearings; 3) negotiates settlements with violators of the Act and Commission Rules; 4) prepares all filings and other documents related to the prosecuting of an enforcement case; and 5) prepares draft final orders in contested matters. This position will be called upon to support other unit functions as necessary, including responding to open records requests.
Specific duties include:
Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOC's) and manage enforcement cases from beginning to end. Directly negotiate AOC's to resolution and prepare settlement documents to resolve enforcement actions. Present and defend AOC's before a Hearing Officer, Administrative Law Judge, or the Commission.
Prosecute contested enforcement actions of alleged violations of the Rules, the Act and OGCC orders before a Hearing Officer, Administrative Law Judge, or the Commission. The enforcement officer will be required to identify witnesses and exhibits, prepare witnesses, prepare direct and cross examination, prepare opening and closing statements, and prepare draft and final Commission enforcement orders. Provide policy, technical and legal assistance and guidance to agency staff in the engineering, environmental, field inspection, permitting, production, and bonding units on the proper methods to gather facts, evidence, and witnesses as background and evidentiary information for NOAV's and Orders Finding Violations (OFV's).
Consult with management and technical staff to provide operational guidance and direction on the OGCC enforcement and compliance program and the issuance of Notices of Alleged Violation (NOAV's). Work with engineering, environmental, field inspection, permitting, production, and bonding units to implement a consistent approach to compliance and the initiation of enforcement actions by issuance of NOAV's. Work with non-field units to implement a consistent and timely approach to ensure paperwork compliance. Work with the oil and gas industry to communicate compliance goals in an effort to gain voluntary compliance and reduce enforcement actions initiated by OGCC staff.
Confer with the Attorney General's Office and OGCC staff to ensure time-sensitive compliance with requests under CORA. Draft timely responses and ensure availability of responsive documents to the public. Assist Attorney General's Office in formulating assertions of privilege and exemption from CORA.
Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights
Education and Experience – Graduation from an accredited college or university with a bachelor's degree in Environmental Studies, Legal Studies, Environmental Science, Geology, Geological Engineering, Petroleum Engineering, Hydrogeology, or a related field, AND three years of professional work experience which must have included drafting legal pleadings or documents, negotiations with attorneys, and preparing cases or testimony for administrative proceedings. Additionally, experience with the oil and gas industry and actions in support of compliance with industry regulations is highly preferred. Attorneys licensed in Colorado with a practice emphasis in Environmental Law, Oil and Gas Law, Administrative Law, Criminal Prosecution, trials/hearings, or Natural Resource Law are highly preferred.
Substitutions: A Juris Doctor degree with practice experience in Environmental Law, Oil and Gas Law, Administrative Law, Criminal Prosecution, trials/hearings, or Natural Resource Law is highly desirable and will substitute for the education and two years of experience.
Attorney licensed in the State of Colorado.
Appearance as a lawyer before the Colorado Oil and Gas Conservation Commission.
Excellent writing legal writing and legal research skills.
Demonstrated practice experience in Environmental Law, Oil and Gas Law, Administrative Law, Criminal Prosecution, trials/hearings, or Natural Resource Law.
Demonstrated experience researching, analyzing, and interpreting statutes (State and Federal), regulations, conceptual models, professional standards, and legal precedents in order to determine their relationship to the question or policy at issue.
Demonstrated experience with the State Administrative Procedure Act.
Excellent analytical and organizational skills.
Working with general public, professional, consultants, and staff, with sensitivity to their needs, priorities and commitments.
Demonstrated experience facilitating meetings or hearings.
Demonstrated experience applying compliance of the Colorado Open Records Act.
Technical background in the oil and gas industry in order to understand the scientific and technical concepts involved in the matters.
Conditions of Employment: 1) Former employees of the State of Colorado MUST have concluded employment in good standing to be eligible for rehire. 2) A current State of Colorado Driver's License is required.
Appeal Rights: It is recommended that you contact the Human Resources Specialist listed below to resolve issues related to your possession of minimum qualifications. However, if you receive notice that you have been eliminated from consideration for the position, you may protest the action by filing an appeal with the State Personnel Board/State Personnel Director within 10 days from the date you receive notice of the elimination.
Also, if you wish to challenge the selection and comparative analysis process, you may file an appeal with the State Personnel Board/State Personnel Director within 10 days from the receipt of notice or knowledge of the action you are challenging.
Refer to Chapters 4 and 8 of the State Personnel Board Rules and Personnel Director's Administrative Procedures, 4 CCR 801, for more information about the appeals process. The State Personnel Board Rules and Personnel Director's Administrative Procedures are available at www.colorado.gov/spb.
A standard appeal form is available at: www.colorado.gov/spb. If you appeal, your appeal must be submitted in writing on the official appeal form, signed by you or your representative, and received at the following address within 10 days of your receipt of notice or knowledge of the action: Colorado State Personnel Board/State Personnel Director, Attn: Appeals Processing, 1525 Sherman Street, 4th Floor, Denver, CO 80203. Fax: 303-866-5038. Phone: 303-866-3300. The ten-day deadline and these appeal procedures also apply to all charges of discrimination.
The Colorado Constitution requires all appointments and promotions in the state personnel system be made according to merit and fitness.
Application materials will be reviewed by a Human Resource Specialist and/or Subject Matter Expert to determine if you meet the minimum requirements for the position.
(For application/resume review.) Upon meeting the minimum qualifications, the next phase of the assessment process will consist of a Structured Application/Resume Review. Utilizing your application, resume, cover letter and transcripts (include only the requested/required), the review is a comparative analysis against the listed required competencies, job duties and/or preferred qualifications in this announcement to determine technical competence, depth and breadth of experience and job fit. It is imperative that you provide adequate detail on your application, resume and cover letter to describe how you meet and/or exceed the requirements for this position.
Comparative analysis factors to be assessed:
Technical Competence – Technical experience as it relates to the duties outlined in this job announcement.
Depth and Breadth of Experience – Experience that covers multiple areas outlined in this job announcement; varied and not one dimensional; and demonstrate progressively higher level of responsibility with a wide range.
Job Fit – Experience will be evaluated to determine how well your past experience aligns with and meets the business needs of this position. Current experience is preferred.
Upload additional pages if necessary to fully explain your experience and accomplishments. Failure to include adequate information or follow instructions by the deadline for application may result in your application not being accepted for this position and may affect your inclusion in future steps in the assessment process.
"ADAAA Accommodations: Any person with a disability as defined by the ADA Amendments Act of 2008 (ADAAA) may be provided a reasonable accommodation upon request to enable the person to complete an employment assessment. To request an accommodation, please contact by phone or email at least five business days before the assessment date to allow us to evaluate your request and prepare for the accommodation. You may be asked to provide additional information, including medical documentation, regarding functional limitations and type of accommodation needed. Please ensure that you have this information available well in advance of the assessment date."
Toll–Free Applicant Support - Technical Help
If you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV at 855-524-5627, Mon-Fri between 6 am and 6 pm (Pacific Time). Helpful hints: if you are having difficulty uploading or attaching documents to your application first, ensure your documents are PDF or Microsoft Word files and second, close the document before you attempt upload (attach) it.
The Human Resources Office will be unable to assist with these types of technical issues.