Rules Review Commission Counsel

Location: Wake County, NC

Agency

Office of Administrative Hearings

Division

Rules

Job Classification Title

Rules Review Commission Counsel (NS)

Position Number

65044584

Grade

LG07

About Us

An independent forum for prompt and impartial resolution of administrative law contested cases involving citizens and state agencies, investigation of alleged unlawful employment practices in state government, and codifying administrative rules.

Description of Work

The Office of Administrative Hearings invites qualified applicants to apply for the Rules Review Commission Counsel located in Raleigh, NC.

The primary function of the Commission Counsel is to review temporary and permanent administrative rules submitted by state government agencies to determine whether the rules are within the authority delegated to the agency by the General Assembly, clear and unambiguous, and otherwise in compliance with the Administrative Procedures Act (G.S. 150B). Counsel subsequently advises the RRC whether to approve a rule, object to a rule, or take some other action at its monthly meetings.

In addition, Commission Counsel also advises the RRC regarding review and expiration of existing rules pursuant to G.S. 150B-21.3A. Commission Counsel reviews and analyzes existing rules of agencies subject to G.S. 150B and advises the RRC as to what actions to take regarding these rules.

In this professional legal work, the Commission Counsel also provides general legal advice to the RRC, including advice related to open meetings, public records, Commission procedures, and other matters pertinent to the work of the RRC.

This position is designated to assist the Codifier of Rules, with legal advice unrelated to any matter within the scope of the RRC's authority, to serve as the agent for service of process for the RRC and to review all filings from the Building Code Council and the Residential Code Council.

Commission counsel also provides general legal advice to the RRC, including advice related to open meetings, public records, commission procedures, and other matters pertinent to the work of the RRC.

Commission counsel presents rulemaking training to assist State agencies, boards and commissions in complying with the State’s rulemaking requirements.

Finally, commission counsel offers informal pre-reviews of rules at the request of a State agency, board, or commission. Commission counsel reviews proposed rules, similar to the review of rules pending before the RRC, and provide feedback to the agency regarding any statutory concerns or technical changes suggested prior to publication, thereby facilitating the rulemaking process.

Pursuant to Article 2A of the APA, this position renders professional opinions to the Commission. This position is an employee of the Office of Administrative Hearings and reports to the Director of APA Services/Codifier of Rules. The Commission Counsel will also serve in any position and render any services required by the agency when requested by the Chief Administrative Law Judge or the Director of APA Services/Codifier of Rules.

Knowledge Skills and Abilities/Management Preferences

Knowledge, Skills and Abilities / Competencies