Prosecuting Attorney (BON #10109797 Attorney III)

$36.21 – $57.94 Hourly

$75,325 – $120,520 Annually

This position is a Pay Band LH

Posting Details

This posting will be used for ongoing recruitment and may close at any time. Applicant lists may be screened more than once.

Why does the job exist?

This position serves as the Administrative Prosecutor for the Board of Nursing which regulates licensed Nurses. The prosecutions are for violations of the Nursing Practice Act, Uniform Licensing Act or related laws. Sanctions range from fines to revocation of state-issued licenses.

How does it get done?

Prepare the prosecution for disciplinary matters and ensure that due process and other legal obligations are satisfied. All prosecutions need to be completed within reason within 90 days but no more than 180 days from the time they are assigned to contract attorney. Upon sufficient evidence and request from the Board, draft Notices of Contemplated Action as prescribed under the Uniform Licensing Act within 10 business days from the conclusion of the Board meeting.
Pursue appropriate prosecution of individuals believed to have violated provisions of the Nursing Practice Act or other regulations adopted by the Board.
Purse settlement negotiations with individual respondents, as deemed appropriate or as requested by the Board, as an alternative to proceeding with formal disciplinary proceedings before the Board.
Work collaboratively with the Director of Compliance and Board investigators to properly prepare evidence and proposed exhibits prior to each disciplinary hearing. Coordinate and conduct discovery and interview potential witnesses timely within the scope of the prosecution of the case. Propose a course of action to the Board for each disciplinary matter.
Assist with activities related to compliance monitoring of licensees with prior disciplinary action taken by the Board.
Unanticipated needs arise for the agency and because this is small agency, all staff are expected to contribute their time and expertise in a variety of activities to ensure success of the Board’s mission of protecting the public through effective regulation of nursing. These tasks will be assigned by the supervisor or Executive Director.

Who are the customers?

Board members, staff, licensees, and public.

Ideal Candidate

Experience in:
Working as an Administrative Prosecutor for the State of New Mexico.
Administrative Law.
Participating in Administrative Law Hearings.
Comfortable being managed by a Non-Attorney.
Experience working with people with a substance use disorder.

Minimum Qualification

Juris Doctorate degree from an accredited school of law and four (4) years of experience in the practice of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301.1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license/

Substitutions may apply. See Substitution Table below.

Substitution Table

No substitutions. Must possess required licensure, certification or registration and required number of years of experience

Employment Requirements

Must possess and maintain a valid Driver’s License. Must possess and maintain a current Defensive Driving Course Certificate from the State of New Mexico or must pass and receive a Defensive Driving Course Certification within thirty (30) days of date of hire as a condition of continued employment.

Working Conditions

Work is performed in an office setting with exposure to Visual/Video Display Terminal (VDT), extensive personal computer and phone usage. Reaching and lifting up to fifty (50) pounds may be required. Occasional in-state and out-of-state travel may be required.

Supplemental Information

Benefits:

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Agency Contact Information: Christopher Vivian (505) 841-9061 Email

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

Bargaining Unit Position

This position is not covered by a collective bargaining agreement.

Job Category
Legal Services
Job Type
Full Time/Permanent
Salary
USD 75,325.00 - 120,520.00 per year
Country
United States
City
Albuquerque
Career Level
unspecified
Company
State of New Mexico
JOB SOURCE
https://careers.share.state.nm.us/psc/hprdcg/EMPLOYEE/HRMS/c/HRS_HRAM_FL.HRS_CG_SEARCH_FL.GBL?Page=HRS_APP_JBPST_FL&Action=U&FOCUS=Applicant&SiteId=1&JobOpeningId=136696&PostingSeq=1