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Vacancy Announcement

Attorney I*
Department of Transportation

Location: Bismarck
Salary: $3,388-$5,646/month
Closing Date: October 24, 2008
Position Number: 801-6826
Requisition Number: 295217
Status: Full-time, Regular
Type of Recruitment: Internal/External
Job Order Number: None
Date Posted to Web: September 26, 2008

Minimum Qualifications:

  1. Requires a Juris Doctorate degree and licensure to practice law in North Dakota.
  2. Demonstrates ability to express ideas clearly and concisely, both orally and in writing in normal and stressful conditions to avoid confusion and misunderstanding with others; ability to remain calm and composed when dealing with distraught or angry people; possess public speaking skills; ability to read, interpret, or explain applicable standards, technical literature, regulations, plans, and specifications; accurately and clearly complete required paperwork; ability to prepare written or oral reports frequently in tight time frames.
  3. Valid North Dakota Class D drivers license; use of phone, copier, reference sources, research documentation, keyboarding familiarity; personal computer with word processing software; normal hearing and vision, with or without correction; eye hand coordination; physical mobility, agility, and mental alertness compatible with an office setting.
  4. Ability to work closely with people; some contact with the public; ability to establish and maintain effective working relationships with associates and others; ability to function with minimal supervision; ability to be flexible in daily schedule; work under stress; ability to remain calm and maintain focus under demanding and often conflicting work schedule with rapid shifts in priority; work after hours, on weekends, and holidays during road and weather emergencies; presence during deadlines and high stress periods of work is mandatory; regular attendance is essential to efficiently process the volume of work and critical in this position because the expertise this employee is providing will not be available from any other source. 
  5. Demonstrates knowledge of practices, principles, standards and guidelines as related to law; demonstrates networking and leadership skills; ability to prioritize and must possess time management skills; must be self-direct and highly-motivated; must possess logical decision-making and analytical skills.

Application Procedures:

* Readvertised - Previous applicants need not reapply.

Internal applicants:  all classified Department of Transportation personnel meeting the minimum qualifications are eligible to apply as in-house applicants.  Applications should include information which directly addresses how the applicant meets the minimum qualifications and summary of work.  Internal applicants may submit internal applicant form SFN 2209 directly to the Human Resources Division.
External applicants:Application deadline is 5 p.m., on October 24th, 2008.

Please Send Application Materials To:
Marie Nelson, Human Resource Division
ND Department of Transportation
608 East Boulevard Avenue
Bismarck, ND  58505-0700
Telephone Number 701-328-4358
TTY Number:  701-328-4156
Fax Number:  701-328-1415
E-mail: msnelson@nd.gov

Please submit:

Both application forms may be downloaded from the Internet at: http://www.nd.gov/hrms/jobs/appforms.html. Applications should include information which directly addresses how the applicant meets the minimum qualifications and summary of work. Applications must be received in the Human Resources Division by 5 p.m., on October 24th, 2008. Background checks will be conducted.

The NDDOT Human Resource Division staff will score all applications based on a 100 point job related personnel system.  A certified list of eligible individuals will include the top five applicants based on their application scores for further consideration.The NDDOT Affirmative Action goal is one American Indian male, one American Indian female, one other minority male, and nine non-minority females.

Persons with disabilities should contact Marie Nelson at 701-328-4358, or TTY 701-328-4156, in advance of applying to discuss any special provisions needed for applying or interviewing. 

If you have any questions on this position contact Paul Seado at 701-328-2625.

Summary of Work:

ESSENTIAL FUNCTIONS

  1. Draft and review legal documents: perform research necessary to ensure legal sufficiency of contracts, bonds, permits and other agreements; review and assist originating division in drafting of contracts, bonds, permits, pre-qualification statements and other agreements; draft contracts, bonds, permits, prequalification statements and other agreements originated by Legal Division; draft correspondence or memoranda necessary to correct problems arising in connection with execution of contracts, bonds, permits, pre-qualification statements and other agreements; assist with contractual risk management activities of the department. Approximately 30 percent of time is spent on this duty.
  2.  Provide legal advice to department personnel in connection with internal policies and day-to-day operations: research and maintain accurate and current knowledge of state, federal and tribal laws, rules and regulations; prepare legal opinions; review correspondence, memoranda and departmental policies; draft and review of policy memoranda; provide training to department personnel on developments, threats, and opportunities of legal nature. Approximately 25 percent of time is spent on this duty.
  3. Hold Fair and Timely Administrative Hearings that Provide Due Process for all Petitioners, as assigned by general counsel or staff attorney: apply procedures and law in N.D.C.C. chapters 39-06, 39-06.1, 39-06.2, 39-16, 39-16.1, and others as required; comply with applicable Supreme Court decisions relating to evidentiary matters and other issues; receive all probative evidence that is properly offered relating to issues under consideration; prepare recommended decision within statutorily required time; draw findings of fact based on preponderance of the evidence; draw conclusions of law based on the findings of fact; make decision based on the conclusions of law; make clear and complete recording of proceedings; maintain decorum at hearings; maintain familiarity with and proficiency in the application of laws, rules, and court decisions relating to matters under the jurisdiction of NDDOT. Approximately 15 percent of time is spent on this duty.
  4. Monitor pending litigation: provide coordination between department and outside legal counsel; review and respond to requests for records and information in Legal Division files; assist in evaluation of arbitration claims filed in connection with construction contracts; assist in the investigation of claims and potential claims; assist other division and the Attorney General in reviewing and responding to requests for records and information; resolve questions by litigators as to preference/policy of department. Approximately 5 percent of time is spent on this duty.
  5. Promulgate administrative rules: draft proposed rules and amendments and repeals of existing rules; draft notices of proposed rulemaking and direct filing and publication of those notices; draft explanatory materials concerning proposed rulemaking; assist with division and office drafts as appropriate; obtain opinion of the Attorney General; assist involved division in conducting rulemaking hearing; assist involved division in interpreting comments and implications thereof; prepare and file final rules with legislative council. Approximately 5 percent of time is spent on this duty.\
  6. Draft and monitor proposed state legislation: research state and federal law that may affect purpose of bill; confer with department manager who has requested bill draft or who has knowledge of intended purpose of bill; draft bills and amendments; draft and present testimony before legislative committee; assist with division and office testimony as appropriate; analyze proposed legislation and provide analysis and recommendations regarding its impact; assist department personnel in analyzing and interpreting proposed legislation; contact legislators and bill sponsors in connection with amendments to bills and bill passage. Approximately 5 percent of time is spent on this duty.
  7. Respond to citizen questions and complaints: review statutes, case law and department policies; contact department personnel and refer questions to other divisions when appropriate; arrange and participate in meetings with interested parties when appropriate; resolve question or complaint through written correspondence or telephone call. Approximately 5 percent of time is spent on this duty.
  8. Assist state's attorneys and other government agencies: review statutes, case law and department policies; contact department personnel and refer questions to other divisions when appropriate; draft written response or resolve by telephone call; draft Attorney General opinions as assigned by General Counsel. Approximately 5 percent of time is spent on this duty.
  9. Review each new hearing file, set hearing time and date and place, and prepare hearing notices: determine hearing issues; check hearing request for timeliness; check hearing file for completeness; determine need for witnesses and issue subpoenas when appropriate; check availability of hearing participants, if requested by petitioner; check availability of hearing site; set time, date, place, and manner for hearing; prepare hearing notice and other documents as appropriate; send copy of hearing notice to each hearing participant and send copies of evidentiary documents to petitioner or counsel. Approximately 4 percent of time is spent on this duty.
  10. Review and ensure accuracy of hearing transcripts of testimony and proceedings in administrative hearings for certification to district court for decisions appealed: review electronic copy of transcript of appealed hearing, comparing the electronic copy of the transcript to the audio recording of the hearing; make corrections as needed to ensure accuracy of the transcript; certify the corrected transcript for submission to the district court. Approximately 1 percent of time is spent on this duty.
Duty 3 requires: use of tape recorder

Equal Opportunity Employer
The state of North Dakota does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services, and complies with the provisions of the North Dakota Human Rights Act.

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