Assistant Agency General Counsel II Position Available In Wake, North Carolina

Assistant Agency General Counsel II

Salary
$87,849.00 – $153,736.00 Annually
Location Wake County, NC
Job Type
Permanent Full-Time
Remote Employment
Flexible/Hybrid
Job Number
25-07005
Department
Dept of Public Safety
Division
Office of the Secretary
Opening Date
06/17/2025
Closing Date
6/24/2025 5:00 PM Eastern
Job Class Title
Assistant Agency General Counsel II
Position Number
65036828
Section
Office of the Secretary (ABC Commission)
Salary Grade
LG08
DESCRIPTION
BENEFITS
QUESTIONS
Description of Work
Are you seeking a meaningful, rewarding, and challenging career as an Assistant Agency General Counsel II? If so, continue reading to learn more about this exciting opportunity with the North Carolina Department of Public Safety.
As a senior legal advisor for the ABC Commission (ABCC), the Assistant Agency General Counsel II position is responsible for providing legal advice to the ABCC related to highly complex statutes, constitutional issues and unique issues without legal precedent. Executive management involves this position when developing or refining short- and long-term plans concerning multiple facets of agency operations. Specific responsibilities include, but are not limited, to the following:
Serves as the agency counsel for legislative changes that effect 18B rules and regulations and provides critical back-up coverage to the General Counsel on agency-wide legal and policy matters. Daily, position is responsible for planning and advising the ABCC Chairman on legal matters concerning legislation and rule changes that have an impact on the agency. Position is involved in the development of agency policy and procedures affecting all legal matters and the implementation of agency policy by all agency employees. After statutory or regulatory amendments to alcohol-related laws by the General Assembly or ABCC, the position is required to educate agency staff and the 171 local ABC boards operating across the state on substantive and procedural changes. Position solicits input from ABCC Directors on how these changes affect and impact existing procedures or statutory interpretations and develops methods to incorporate new procedures and implement new laws. Position will include a significant public health component, playing a vital role in shaping new legislation, rules, permits, violations and all that establishing a potential new business under the purview of the ABCC encompasses. Provides input on agency contracts. Position will be involved in directing the rule-making process and serving as a legal resource for the product approval section that evaluates the federal and state compliance of labels for all beer and wine products sold in the state.
Accountable for providing legal counsel and representation on the ABCC’s most complex, novel and sensitive legal issues. Position provides legal counsel and consultation to executive management as it selects strategic managerial courses of action and when management is resolving major or highly technical operational and programmatic challenges. Position responds to legislative inquires and provides legal advice for response to public records requests. Position may also be involved with drafts or reviews of departmental policies and contracts.
Provides advice and training within the agency and to other state agencies and industry groups, serving as an expert presenter in state and nationally on topics related to alcohol law and interpretation of industry trade practices.
About the

Division:

The Alcoholic Beverage Control Act approved by the General Assembly of 1937 provided for the establishment of a State Board of Control consisting of a chairman and two associate members appointed by the Governor. The State Board of Control is today known as the North Carolina Alcoholic Beverage Control Commission (ABC Commission) and has all the powers and authority contained in the General Statutes 18B-203. The overall objective of the Commission is to provide uniform control over the sale, purchase, transportation, manufacture, advertising, consumption and possession of alcoholic beverages in the State. In addition to administrating and regulating the laws established by the General Assembly, the Commission has the authority to adopt, amend, and repeal rules to carry out its objective.

Examples of duties include:

Issuance of all alcohol permits for commercial and retail activity
Prosecution and imposing of sanctions against permit holders that violate the ABC laws and Commission rules
Approval of all alcoholic beverages products that are sold in the state
Oversight authority over county and municipal ABC Boards in the state The ABC Commission is a self-supported agency with a special operating fund that was created in 1982 for the purpose of carrying out its mission. The Commission supports the State’s General Fund with deposits from collected fees and excise taxes.
The Legal Division of the Commission is responsible for interpreting and enforcing ABC laws and administrative rules to establish and maintain a uniform and consistent system of regulation of alcoholic beverages in North Carolina. The Legal Division provides support for policy development and interpretation, and for representation in alcoholic beverage control regulation for a state agency regulating a multi-billion-dollar industry. Providing support for policy development requires the Legal Division to research, review, analyze and apply: 1) national and international legal and economic trends; 2) pending and potential litigation affecting North Carolina, nationally and internationally; and 3) academic research in the areas of health and public policy. In addition, the Legal Division annually prosecutes an average of 1,457 violations of ABC laws and regulations. The Legal Division is also responsible for:
Defending the Commission’s decision in which an application for a permit is denied.
Representing the Commission in contested cases before the Office of Administrative Hearings (“OAH”).
Representing the Commission before legislative committees.
Drafting legislation and administrative rules and conducting rule-making hearings.
Conducting hearings on beer and wine franchise disputes.
Providing legal advice to the Chairman, the Commission members, the Commission staff, agents and staff of the Alcohol Law Enforcement Division of the Department of Public Safety, local ABC Board law enforcement officers, and officers from other law enforcement agencies.
Responding to inquiries from manufacturers, wholesalers, ABC Boards, permit holders and others in North Carolina, across the USA and internationally. Some requests include review of advertising and promotional materials, exemption requests from exclusive outlets and ineligible employee provisions, the legal impact a change in the form of business ownership may have on existing permits, application of the child labor statutes to “on” and “off premise” permittees, and how the ABC laws and regulations apply to day-to-day business activities. Approval of malt beverage/wine products and labels by the Product Compliance team.
We value our employees and are committed to providing flexibility in work schedules. This position qualifies for teleworking on a part-time basis as part of the State Telework Program.
This is a full-time position (40 hours per week) with State Benefits, including paid vacation, paid sick leave, paid holidays, retirement, and health insurance. To view an example of total compensation, please click here

NC OSHR:

Total Compensation Calculator. This position reports to an office in Raleigh, NC and works Monday – Friday, 8am – 5pm.
About the NC Dept. of Public Safety (DPS):
The mission of DPS is to safeguard and preserve the lives and property of the people of North Carolina through prevention, protection, and preparation. DPS is comprised of approximately 6,000 permanent positions and nearly 13,000 NC National Guard soldiers and airmen. DPS employees help to ensure North Carolina is a safe place to live, work and visit through effective law enforcement, juvenile justice programs, emergency response and recovery and homeland security preparedness.
Knowledge, Skills and Abilities / Competencies
DPS uses the Merit-Based Recruitment and Selection Plan to fill positions subject to the State Human Resources Act with the most qualified individuals. The Knowledge, Skills and Abilities (KSAs) listed below, along with the Minimum Education and Experience(E&E) are

REQUIRED

to qualify for this position. All work history and education (including accurate dates of employment/attendance) must be documented on the application. Supplemental Questions are also a required part of the application: answers must reference education or work experience listed on the application. A complete, all-inclusive application maximizes an applicant’s potential to qualify for the position, as well as the highest possible salary. Salary will be based on relevant qualifications, internal equity, and budgetary considerations pertinent to the advertised position. Click here for more information and application resources.
[Resumes may be attached as a supplement to the application but are not a substitution for a complete application.]
To qualify for this position, applicants must demonstrate ALL of the following

KSAs:

Working knowledge of the principles and practices of administrative law. Working knowledge of drafting rules and policies.

Management Preferences:

(These skills are not required but managers may choose to interview/select applicants who demonstrate Management Preferences).
Experience with rule-making procedures or with Chapter 18B and alcoholic beverage laws. Four (4) years of legal work experience in ABC Commission business matters.
Minimum Education and Experience Requirements
Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See oshr.nc.gov/experience-guide for details.
Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.
Supplemental and Contact Information
The North Carolina Department of Public Safety (DPS) is an Equal Opportunity Employer who embraces an Employment First philosophy which consists of complying with all federal laws, state laws and Executive Orders. Consistent with the Americans with Disabilities Act (ADA), we are committed to full inclusion of qualified applicants and will review requests for reasonable accommodation to perform essential job functions during the hiring process or while on the job.
Public Service Loan Forgiveness Program
For applicants with student loans, becoming a state employee may include eligibility for the Public Service Loan Forgiveness Program. Visit studentaid.gov to learn more.
Transcripts Attaching transcripts is optional, however, we recommend applicants attach unofficial transcripts to assist in providing credit for education including in substituting education gained for experience. Additionally, qualifying for some positions may require validating hours of coursework in a specific field of study and transcripts are crucial to awarding credit. Degrees and transcripts must be achieved from an appropriately accredited college or university. Applicants who earned college credit hours but did not complete a degree program, must attach an unofficial transcript to receive credit for education. International degrees and transcripts must be evaluated for accreditation by a recognized evaluation service by the closing date of this posting. Failure to provide documentation may result in ineligibility. The National Association of Credential Evaluation Services (NACES) has several options to provide credential verification: naces.org/members. Military Experience Applicants seeking Veteran’s Preference must attach a DD-214 Form (Certificate of Release or Discharge from Active Duty that includes Character of Discharge – Member 4 or Service 2 form) to the application.
Applicants seeking

National Guard Preference:

A current member of the North Carolina National Guard in good standing must attach a NGB 23A (RPAS). A former member of the North Carolina National Guard who served for at least 6 years and were discharged under honorable conditions, must attach either DD256 or NGB 22.
The NC Dept. of Public Safety must adhere to the US Dept. of Justice Final Rule on the “National Standards to Prevent, Detect, and Respond to Prison Rape.” PREA Hiring and Promotion Prohibitions
Due to the volume of applications received, we are unable to provide information regarding the status of your application. Please log in to your Government Jobs account and click “Application Status.” If you are selected for an interview, you will be contacted by the hiring manager. If you are no longer under consideration, you will receive an email notification.
For technical issues with your application, please call the GovernmentJobs.com Applicant Support Help Line at 855-524-5627. If there are any questions about this posting other than your application status, please contact Katrina Akins at katrina.akinsncdps.gov. #ABC
Employer
State of North Carolina
Website
http://ncdps.gov/
JOB

OPPORTUNITIES

ACCOUNT