Administrative Prosecutor

SUMMARY:

To analyze and interpret state statutes and regulations and to determine procedures for resolving disciplinary actions pending before the occupational licensing boards within the Office of Professional Licensure and Certification (OPLC).

MINIMUM QUALIFICATIONS:

Education: Juris Doctorate from an American Bar Association recognized law school.
Experience: Four years of experience in the active practice of law.
License/Certification: Valid driver’s license and/or access to transportation for statewide travel.
SPECIAL QUALIFICATIONS: Must be an active member of the New Hampshire Bar Association and in Good Standing.

Renders official opinions on statutes and agency rules regarding viability of potential disciplinary actions in occupational licensing cases before the Boards, Councils, and Commissions within the Office of Professional Licensure and Certification (OPLC). Makes recommendations regarding prosecution or dismissal, as well as sanctions.
Supervise the evaluation of initial complaints by legal staff received from a variety of sources concerning possible violations of occupational licensing laws, administrative rules and regulations, and determine whether or not the licensing boards have proper jurisdiction.
Conducts legal research on disciplinary and licensing matters; drafts motions, memoranda, and pleadings for filing in administrative disciplinary proceedings occurring at OPLC. Confers with subject matter experts in licensed fields to determine standards of care applicable in disciplinary matters. Negotiates potential settlements to resolve pending disciplinary matters prior to and in lieu of hearing.
Oversee the investigations by legal staff of formal complaints filed with all fifty-plus occupational licensing boards within the Office of Professional Licensure and Certification, including interviews of complainants, respondents, and witnesses. Review detailed reports of findings drafted by legal staff and make recommendations. Conducts training for legal staff to ensure compliance with federal and state law and to coordinate changes in statutes.
Prepares cases for administrative law hearings concerning disciplinary matters arising from occupational licensing, including identifying and preparing witnesses and filing exhibit lists and motions. Prosecutes disciplinary cases regarding occupational licensing by way of offers of proof, presentation of evidence and witness testimony.
Monitors disciplinary trends. Monitors proposed legislation of bills with potential for agency impact and recommends appropriate course of legal action. Makes recommendations regarding potential or proposed legislation, including the need for additional licensure or changes to licensure.
Interprets state statutes and regulations and provides legal analysis and counsel concerning occupational licensing disciplinary matters. Respond to legal inquiries concerning occupational licensing disciplinary actions from the public, legal professionals, advocacy groups, and state and federal officials.