TMB - LIT -26-503-29- Attorney IV

GENERAL DESCRIPTION
Performs moderately complex to highly complex legal work in the prosecution of enforcement cases at the State Office of Administrative Hearings (SOAH), and at Informal Settlement Conferences (ISC). Develops prosecution strategy for complex cases and negotiate agreed settlement orders. Files discovery and takes and defends depositions in contested case hearings. Drafts briefs and closing arguments in contested case hearings. Substantively, case work covers medical care issues related to the practice of medicine as well as professional boundaries and medical ethics. Works closely with expert witnesses with knowledge of medicine and ethical and professionalism issues. Works under general direction from the Director of Litigation and the Supervising/Lead Attorney, with extensive latitude for the use of initiative and independent judgement. Work involves litigation practice with legal writing and knowledge of the Medical Practice Act, the Administrative Practice Act, Texas Rules of Evidence, Texas Rules of Civil Procedures, and other applicable statutes and administrative rules.

PRINCIPAL JOB DUTIES AND RESPONSIBILITIES
60% Prosecutes contested cases at SOAH involving licensees of the agency. Drafts and files pleadings and other documentation or correspondence related to contested case proceedings at SOAH to include formal Complaints/Petitions, pre-trial motions, case briefs, closing arguments, and Board orders. Represent the agency in all phases of contested case prosecution, including motions and pre-trial hearings. Oversees case development including conducting all phases of discovery and depositions of witnesses including experts. Perform legal research. Develop settlement options based on progress of case. Represent board at mediation. Finalize Agreed Order and agency documentation for consideration by Board within agency time schedules.

30% Prosecutes enforcement cases at ISC involving licensees of the agency. ISC prosecution includes preparation of packets, presentation at hearings and the development of agreed orders. Coordinates with legal assistants, paralegals, nurse investigators, and other agency staff as needed to prepare document exhibits and evidence for case prosecution, in an effective and efficient manner. Work with expert witnesses and other professionals regarding medical issues and practice. Reviews and approvals all work prepared by support staff. Negotiates and drafts agreed orders that accurately reflect the decision of ISC panelist and clearly describes any limitations on practices responsibilities and actions required of the licensee.
5% Represent agency as prosecutor at Temporary Suspensions/Restriction Hearings. Prepares Order of Temporary Suspension/Restriction.

5% Attend court hearings and Board meetings as requested. Perform other legal duties as assigned.

REQUIRED EXPERIENCE AND EDUCATION
• Graduation from an accredited law school with an L.L.B. or J.D. degree.
• Licensed and in good standing to practice law in Texas for a minimum of three years.
• Litigation experience in administrative, regulatory or healthcare laws, or prosecutorial experience.
• Litigation or administrative hearings experience as lead attorney in cases prosecuted at SOAH preferred.
• Interpreting state and federal healthcare laws, administrative rules, statutes, and regulations experience.
• Performs advanced legal work and analysis, presenting findings to others.
• Must be proficient in Microsoft suite (Word, Excel, Outlook), SharePoint and TEAMS.

PREFERRED QUALIFICATIONS
• Litigation or administrative hearings experience as a lead attorney in cases prosecuted at SOAH.
• Experience with enforcement actions, investigations, or administrative hearings.
• Knowledge of healthcare laws, professional licensing standards, and regulatory compliance.
• Experience with disciplinary actions or contested case hearings.
• Experience in interpreting the Texas Occupations Code and healthcare regulations.

KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
• Legal principles and practices related to administrative law and the licensing and registration of professionals, specifically licensees engaged in healthcare.
• Applicable law and rules regarding licenses of the agency.
• Legal principles and practices of law related to the development of cases for litigation and prosecution.
• Administrative Practices Act and Texas Rules of Civil Procedure.
• Medical terms and definitions

Skills in:
• Litigation support and case strategy
• Advising leadership in legal risks, compliance, and policy matters
• Collaborating across departments such as investigations, enforcement, and licensing
• Advanced written and verbal communication skills tailored to both legal and non-legal audience

Abilities to:
• Exercise independent judgement and make sound legal decisions with minimal supervision
• Handle highly complex, sensitive, and high-risk legal matters
• Interpret and apply laws; analyze information and identify legal risks and defensible positions
• Develop legal strategies and recommend courses of action to leadership
• Maintain confidentiality and discretion with privileged or sensitive information
• Conduct hearings.
• Conduct research and prepare cases.
• Adapt quickly to changes in law, policy, rules, and regulatory priorities
• Communicate effectively both orally and in writing.
• Effectively manage multiple duties, set and meet deadlines.
• Work effectively in a team environment.