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  • State of Colorado Denver Metro, Colorado
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ECMC Enforcement Advisor - Remote/Hybrid

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Job Description

Department Information


This posting is only open to residents of the State of Colorado at the time of submitting your application.

Are you interested in investing in a career that makes a difference? Consider joining the dedicated people of the Colorado Department of Natural Resources. It’s our mission to manage and conserve Colorado’s natural resources for the benefit of people today – and tomorrow. That means we have to balance development with conservation so the state we all love provides similar opportunities for our children and their children. We invite you to explore our website at https://dnr.colorado.gov/about-us to find out more about the work we do to manage Colorado’s natural resources for today – and tomorrow.

The State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply.

In addition to offering rewarding, meaningful work, we offer:

  • Medical, Vision and Dental plans

  • Strong, flexible retirement plans including PERA Defined Benefit Plan or PERA Defined Contribution Plan, plus pre-tax and Roth 401K and 457 plans

  • Paid life insurance

  • Short- and long-term disability coverage

  • Employee Wellness programs

  • Flexible Spending Accounts

  • Health Savings Accounts

  • 11 paid holidays per year plus generous vacation and sick leave

  • Flexible work schedule options and remote-work options

  • Career advancement opportunities throughout the State system

  • Some positions may qualify for the Public Service Loan Forgiveness Program

For more detailed information, please visit State of Colorado Employee Benefits

About Colorado Energy & Carbon Management Commission (ECMC):
The mission of the Colorado Energy & Carbon Management Commission (ECMC) is to regulate the development and production of oil and gas, deep geothermal resources, the capture and sequestration of carbon, and the underground storage of natural gas in a manner that protects public health, safety, welfare, the environment and wildlife resources. Our agency seeks to serve, solicit participation from, and maintain working relationships with all those having an interest in Colorados energy resources.

The Enforcement team is tasked with determining Operator compliance with rules adopted by the Colorado Energy and Carbon Management Commission (ECMC) to protect public health, safety, welfare, the environment and wildlife resources. The team includes enforcement advisors, enforcement supervisors, an NOAV Specialist, and the unit manager. The Enforcement team performs the following functions:
1. Initiate enforcement actions when compliance cannot be obtained cooperatively;
2. Negotiate enforcement actions to pursue cooperative settlement;
3. Prosecute contested enforcement actions before Hearing Officers, ALJs, or the Commission;
4. Provide technical knowledge and guidance to the regulated community, ECMC Staff, and external stakeholders;
5. Evaluate and propose new rules and regulations or modifications to existing rules and regulations for implementation by ECMC;
6. Provide expert testimony to the Commission or other regulatory agency regarding compliance of oil and gas facilities with ECMC rules and the Colorado Oil and Gas Conservation Act.
7. Represent the ECMC at public outreach events and meetings and conduct stakeholder meetings.

Description of Job

This posting is only open to residents of the State of Colorado at the time of submitting your application. Position Summary:

This position prosecutes violations of the Commission’s Rules as follows:

  • Assesses legal advice in the course of investigating alleged violations of Commission Rules and the issuance of Notices of Alleged Violations (NOAVs).

  • Assembles and leads a work team comprised of ECMC and Office of the Attorney General staff with subject matter expertise related to the specific complaint.

  • Prepares enforcement cases for hearing and represents ECMC staff before a Hearing Officer, Administrative Law Judge, or the Commission in contested enforcement hearings.

  • Negotiates settlements with violators of the Act and Commission Rules.

  • Prepares all filings and other documents related to the prosecuting of an enforcement case.

  • Prepares draft final orders in contested matters.

The nine Enforcement Advisor positions function as the Work Lead of the subject matter expert team assembled to prosecute each case. The subject matter expert team consists of Environmental Supervisors, Planning and Permitting Supervisors, Compliance Supervisors, and Engineering Supervisors, or their designated representatives.


Additionally, the position will be called upon to support other unit functions as necessary, including responding to open records requests.


Prosecute Enforcement Cases – Consent Decrees:

Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOC’s) and manage enforcement cases from beginning to end. Directly negotiate AOC’s to their resolution and prepare settlement documents to resolve enforcement actions.

  • Decide the best strategy, course of action, and terms or conditions to use in the settlement of the ECMC’s enforcement actions to ensure compliance with applicable law and department and agency policy objectives.

  • Decide the appropriate legal and regulatory citations to include in NOAVs and AOCs.

  • Assess appropriate fines for violations of ECMC rules

Prosecute Contested Enforcement Actions:

Prosecute contested enforcement actions of alleged violations of the Rules, the Act and ECMC orders before a Hearing Officer, Administrative Law Judge, or the Commission. The Enforcement Advisor will be required to identify witnesses and exhibits, prepare witnesses, prepare direct and cross examination, prepare opening and closing statements, and prepare draft and final Commission enforcement orders. Additionally, this position will provide policy, technical and legal assistance and guidance to agency staff in the engineering, environmental, compliance, permitting, production, and financial assurance units on the proper methods to gather facts, evidence, and witnesses as background and evidentiary information for NOAVs and Orders Finding Violations (OFVs).

  • Decide the appropriate legal and regulatory citations to include in NOAVs and OFVs.
  • Assess appropriate fines for violations of ECMC rules.
  • Develop strategies and tactics in prosecuting matters before a Hearing Officer, Administrative Law Judge, or the Commission. This includes: developing case theories, witness preparation, responses to discovery, eliciting testimony from experts and professional witnesses, preparation of opening statements, closing arguments, and direct and cross examination.
Enforcement Guidance to Technical Staff:
Consult with management and technical staff to provide operational guidance and direction on the ECMC enforcement and compliance program and the issuance of NOAVs. Work with engineering, environmental, compliance, permitting, production, and financial assurance units to implement a consistent approach to compliance and the initiation of enforcement actions by issuance of NOAVs. Work with non-field units to implement a consistent and timely approach to ensure paperwork compliance. Work with the oil and gas industry to communicate compliance goals in an effort to gain voluntary compliance and reduce enforcement actions initiated by ECMC staff.
  • Decide and explain the appropriate legal and regulatory citations to include on NOAVs, AOCs and OFVs.
  • Evaluate the sufficiency of evidence and work with technical staff regarding information necessary to support enforcement actions.
  • Coordinate various alleged violations with different technical staff units for a unified enforcement action.
  • Confer with the regulated industry about compliance.
Colorado Open Records Act (CORA) Response:
Confer with the Attorney General’s Office and ECMC staff to ensure time-sensitive compliance with requests under CORA. Draft timely responses and ensure availability of responsive documents to the public. Assist Attorney General’s Office in formulating assertions of privilege and exemption from CORA.

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

This posting is only open to residents of the State of Colorado at the time of submitting your application.


MINIMUM REQUIREMENTS: Seven (7) years of experience in an occupational field related to the work assigned to the position. OR
Three (3) years of experience in an occupational field related to the work assigned to the position.
AND
Bachelors degree from an accredited institution in a field of study related to the work assignment.
Substitutions:
Additional experience related to one of the specified fields of study or in another field of study directly related to the assignment will substitute for the education on a year-for-year basis. A masters or doctorate degree in one of the specified fields of study or in another field of study directly related to the assignment will substitute for the degree and one or two years of experience respectively.

Please note: The required experience must be substantiated within the work experience section of your application. Your resume will not be reviewed to determine if you meet the minimum qualifications; only the work experience section of your application will be reviewed to determine this. “See Resume” statements on the application will not be accepted. In addition, part-time work will be prorated.

Preferred Qualifications:
Although all desirable candidates must demonstrate a broad range of skills, knowledge and experience related to the job, the highly desirable candidate will have experience in any of the following focus areas as they may relate to energy and carbon management operations:

  • Attorney licensed in the State of Colorado
  • Professional experience with trial and hearings
  • Excellent legal writing and legal research skills
  • Excellent negotiation skills
  • Experience giving presentation to diverse audiences
  • Current or former State experience relevant to this position
Conditions of Employment:
  • Colorado residency is required at the time of application.
  • Former State employees who were disciplinarily terminated or resigned in lieu of termination must disclose the information on the application and provide an explanation why the prior termination or resignation should not disqualify their application from the current position. (Please Note: Absent extraordinary circumstances, prior disciplinary termination or resignation in lieu of termination will disqualify the applicant from future State employment with DNR).
  • Must be willing and able to possess and maintain a State of Colorado Drivers License.
  • Must be willing and able to travel to out of town hearings of the ECMC.
  • Must be willing and able to occasionally exert up to 20 lbs. of force to move objects.
  • You must be legally eligible to work in the United States to be appointed to this position. DNR does not sponsor non-residents of the United States.

APPEAL RIGHTS:

It is recommended that you contact the Human Resources Specialist listed below to resolve issues related to your possession of minimum qualifications. However, if you receive notice that you have been eliminated from consideration for this position, you may file an appeal with the State Personnel Board or request a review by the State Personnel Director.

An appeal or review must be submitted on the official appeal form, signed by you or your representative. This form must be delivered to the State Personnel Board by email, US Mail, faxed or hand delivered within ten (10) calendar days from your receipt of notice or acknowledgement of the department’s action.

For more information about the appeals process, the official appeal form, and how to deliver it to the State Personnel Board go to spb.colorado.gov or refer to 4 Colorado Code of Regulations (CCR) 801-1, State Personnel Board Rules and Personnel Directors Administrative Procedures, Chapter 8, Resolution of Appeals and Disputes, at spb.colorado.gov under Rules.

Supplemental Information

The Assessment Process
  • All applications received by the closing of this announcement will be reviewed by an HR Specialist against the Minimum Qualifications in this announcement.

  • Colorado Revised Statutes require that state employees are hired and promoted based on merit and fitness through a comparative analysis process. Part of, or all of, the comparative analysis for this position will be a structured application review by Subject Matter Experts.

  • Resumes, cover letters and other attachments are not considered as part of initial reviews, therefore, it is important to document in your application your education, experience, minimum qualifications, and preferred qualifications as outlined in the job announcement.

  • Please thoroughly answer all supplemental questions (if listed) since question responses may be evaluated for content, writing ability, spelling, grammar, and effective communication.

  • This recruitment may involve additional testing and/or exams to arrive at the top group for interviews.


Equity, Diversity, and InclusionThe State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. The State of Colorado is an equal opportunity employer committed to building inclusive, innovative work environments with employees who reflect our communities and enthusiastically serve them. Therefore, in all aspects of the employment process, we provide employment opportunities to all qualified applicants without regard to race, color, religion, sex, disability, age, sexual orientation, gender identity or expression, pregnancy, medical condition related to pregnancy, creed, ancestry, national origin, marital status, genetic information, or military status (with preference given to military veterans), or any other protected status in accordance with applicable law.

The Department of Natural Resources is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or to perform essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAAA Coordinator, at dnr_hr_employeebenefits@state.co.us

ADAAA Accommodations

Any person with a disability as defined by the ADA Amendments Act of 2008 (ADAAA) may be provided a reasonable accommodation upon request to enable the person to complete an employment assessment. To request accommodation, please contact our Benefits Specialist at dnr_hr_employeebenefits@state.co.us at least five business days before the date that any accommodation will be required to allow us to evaluate your request and prepare for the accommodation. You may be asked to provide additional information, including medical documentation, regarding functional limitations and type of accommodation needed. Please ensure that you have this information available well in advance of the assessment date. E-VerifyThe Department of Natural Resources participates in E-Verify in accordance with the programs Right to Work for all newly-hired employees. Employees are queried through the electronic system established by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to verify identity and employment eligibility. You may complete section 1 of the I-9 form upon your acceptance of a job offer letter, but no later than your first day of employment and in addition, on your first day, but no later than the third day, you are required to submit original documents to verify your eligibility to work in the U.S. Learn more about E-Verify, including your rights and responsibilities. Toll–Free Applicant Support - Technical HelpIf you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV at 855-524-5627, Mon-Fri between 6 am and 6 pm (Pacific Time). The Human Resources Office will be unable to assist with technical issues.
The Department of Natural Resources is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or to perform essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAAA Coordinator, at dnr_hr_employeebenefits@state.co.us

ADAAA Accommodations

Any person with a disability as defined by the ADA Amendments Act of 2008 (ADAAA) may be provided a reasonable accommodation upon request to enable the person to complete an employment assessment. To request accommodation, please contact our Benefits Specialist at dnr_hr_employeebenefits@state.co.us at least five business days before the date that any accommodation will be required to allow us to evaluate your request and prepare for the accommodation. You may be asked to provide additional information, including medical documentation, regarding functional limitations and type of accommodation needed. Please ensure that you have this information available well in advance of the assessment date. E-VerifyDNR uses e-Verify, an Internet-based system, to confirm the eligibility of all newly hired employees to work in the United States. Learn more about E-Verify, including your rights and responsibilities.
Toll–Free Applicant Support - Technical HelpIf you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV at 855-524-5627, Mon-Fri between 6 am and 6 pm (Pacific Time). The Human Resources Office will be unable to assist with technical issues.
Benefits

The State of Colorado offers permanent employees a variety of benefits including medical, dental, life and disability insurance, as well as a comprehensive leave program. Please click the following link for detailed information: www.colorado.gov/pacific/dhr/benefitsPlease note that each agencys contact information is different; therefore, we encourage all applicants to view the full, official job announcement which includes contact information and class title. Select the job you wish to view, then click on the "Print" icon.

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