Counsel I

The Department of Public Utilities (DPU) is responsible for oversight of investor-owned electric power, natural gas, and water utilities in the Commonwealth; developing alternatives to traditional regulation; monitoring service quality; regulating safety in the transportation and gas pipeline areas; and for certain aspects associated with the siting of energy facilities. The mission of the Department is to ensure that utility consumers are provided with the most reliable service at the lowest possible cost; to protect the public safety from transportation and gas pipeline related accidents; and to ensure that residential ratepayers' rights are protected. The DPU seeks to promote safety, security, reliability of service, affordability, equity, and greenhouse gas emission reductions.

A cover letter and resume must be submitted as part of the application process and attached “as relevant” to the requisition.

GENERAL STATEMENT OF DUTIES AND RESPONSIBILITIES

The TNC Counsel I (Hearing Officer) will be primarily responsible for managing and developing a caseload of appeals from rideshare drivers denied by the Division to drive for a rideshare company. In doing so, the TNC Counsel I will collect necessary evidence from multiple entities, compile exhibits, and conduct hearings. Additionally, the TNC Counsel I will collaborate with and support Division staff on other aspects of TNC regulation, including the review of TNC Permit Applications, audits, and processing driver applications as needed.

SUPERVISION RECEIVED

TNC Counsel I is supervised by the Division’s Assistant General Counsel.

Supervision Exercised

None

DETAILED STATEMENT OF DUTIES & RESPONSIBILITIES

I. Serve as hearing officer in agency proceedings, including but not limited to:

• Manage a caseload of appeals from individuals denied by the Division to drive for rideshare companies;
• Maintain full and complete understanding of and ability to apply M.G.L. c. 159A1/2 and the Regulations governing Transportation Network Companies, 220 CMR 274;
• Conduct and oversee adjudicatory hearings;
• Obtain materials from state, local, and federal agencies as well as private entities in order to process driver appeals and appeal hearings;
• Present evidence and examine witnesses;
• Rule on legal arguments and evidentiary issues and motions (orally and in writing);
• Draft and review decisions for driver appeals;
• Assemble records for adjudicatory proceedings;
• Work with private counsel and members of the public in coordinating and scheduling adjudicatory proceedings;
• Collaborate with Division Staff, including technical engineers and analysts, on performance, management, and oversight of driver appeals;
• Assist with rulemaking proceedings, notices of inquiries, and investigations;
• Conduct legal research and writing;
• Prepare legal research and/or memoranda on agency jurisdiction, procedures and standards, as well as on applicable law and precedent; and
• Stay abreast with relevant changes in case law, statutes, and on relevant legal and policy issues.

II. Perform duties to the DPU and/or the Division, including but not limited to:

• Assist Division in ensuring TNC compliance with rules and regulations;
• Assist with reviewing TNC filings with the Division and drafting responsive documents;
• Assist with drafting, reviewing, and managing Division automated notifications to drivers and applicants;
• Work with information technology specialists, project managers, user experience designers, and software engineers on Division software development and maintenance;
• Assist in reviewing, developing, and implementing inter‑agency policies and initiatives;
• Assist with drafting reports for government agencies, the General Court, and advocacy groups;
• Interpret laws, rules, regulations, and judicial or quasi-judicial decisions and opinions related to agency operations;
• Assist in review of TNC Permit Applications;
• Analyze the adequacy and appropriateness of the agency’s rules and regulations;
• Assist in researching, drafting, and reviewing legislative bills and proposals, as necessary;
• Assist with other Division initiatives as necessary.

III. Perform duties in a professional manner, including but not limited to:

• Devote complete time and attention to work during the work day;
• Prepare complete and reviewable written product in a timely manner, taking into account time required for appropriate review;
• Devote sufficient time to assignments to ensure proper performance;
• Timely notify supervisors of case developments;
• Work effectively with legal staff outside of the DPU;
• Work effectively with a spectrum of co-workers (e.g., other Hearing Officers, managers, paralegals, technical staff, and support staff);
• Voluntarily assist other Division Staff and DPU Hearing Officers;
• Mentor or provide training to Division Staff and DPU Hearing Officers;
• Readily accept assignments;
• Volunteer to assist on matters when assistance is sought by supervisor;
• Demonstrate creativity, perseverance, initiative, and dedication;
• Monitor personal workload and seek additional work assignments when schedule permits;
• Respond promptly to requests for information or action;
• Respond promptly to e-mail and voice-mail messages;
• Readily adapt to changes in office policies, priorities, and needs;
• Adhere to applicable laws and regulations on conflict of interest, ex parte communication, and confidentiality;
• Maintain timely, accurate case records;
• Comply with Division protocols regarding managing electronic files; and
• Manage files (both paper and electronic), including confidential materials and exhibits, appropriately.

QUALIFICATIONS REQUIRED AT HIRE

• A Juris Doctor degree from an accredited law school.
• Membership in good standing in the Massachusetts bar.
• Some legal experience in a law firm or other government agency.
• Knowledge of the methods of general report writing.
• Ability to use standard office technology.
• Ability to write concisely to express thoughts clearly and to develop ideas in logical sequence.
• Ability to gather information through questioning or observing individuals.
• Ability to accurately record information provided orally.
• Ability to use investigative techniques to obtain information.
• Ability to gather information by examining records and documents.
• Ability to assemble items of information in accordance with established procedures.
• Ability to maintain accurate records.
• Ability to determine the proper format and procedures for assembling items of information.
• Ability to analyze and determine the applicability of data, to draw conclusions and make appropriate recommendations.
• Ability to prepare general reports.
• Ability to read and interpret legal documents such as court decisions, briefs, opinions, contracts, etc.
• Ability to exercise discretion in handling confidential information.
• Ability to exercise sound judgment.
• Ability to resolve issues in a timely manner.
• Ability to deal tactfully with others.
• Ability to establish and maintain harmonious working relationships with others.

QUALIFICATIONS ACQUIRED ON JOB

• Knowledge of the state law governing administrative proceedings;
• Knowledge of the theory, principles and practices of due process law;
• Knowledge of sources available for legal research on DPU matters and issues;
• Knowledge of the laws and rules governing the presentation and admissibility of evidence;
• Knowledge of the laws, rules, regulations, policies, procedures, specifications, standards and guidelines governing DPU operations and activities;
• Ability to explain the procedures, guidelines and policies governing DPU operations and activities;
• Ability to understand and apply the laws, rules and regulations governing DPU operations and activities;
• Knowledge of the principles and practices of records management;
• Knowledge of the types and uses of agency forms;
• Knowledge of the theory, principles and practices of administrative law;
• Knowledge of training methods and techniques;
• Knowledge of interviewing techniques;
• Knowledge of the principles, practices, and techniques of supervision; and
• Ability to work with technology specialists, project managers, user experience designers, and software engineers.

Qualifications

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and some experience in legal research, legal writing, and legal procedures and processes.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

REMARKS

Background check and certification by the Department of Criminal Justice Information Services is required as a condition of employment.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics? Explore our Employee Benefits and Rewards!

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

Official Title: Counsel I

Primary Location: United States-Massachusetts-Boston-1 South Station

Job: Legal Services

Agency: Department of Public Utilities

Schedule: Full-time

Shift: Day

Job Posting: Jul 25, 2023, 3:30:52 PM

Number of Openings: 1

Salary: 68,016.52 - 98,517.12 Yearly

If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator: Andrea Rivera Casul - 8572746194

Bargaining Unit: 06-NAGE - Professional Admin.

Confidential: No

Hybrid Work Eligible: Yes