Job Information
State of Colorado ECMC Enforcement Advisor (COMPLIANCE SPECIALIST IV) -Hybrid in Other (see multiple locations in job posting), Colorado
ECMC Enforcement Advisor (COMPLIANCE SPECIALIST IV) -Hybrid
Print (https://www.governmentjobs.com/careers/colorado/jobs/newprint/4633466)
Apply
ECMC Enforcement Advisor (COMPLIANCE SPECIALIST IV) -Hybrid
Salary
$70,140.00 - $91,200.00 Annually
Location
Other (see multiple locations in job posting), CO
Job Type
Full Time
Job Number
PHA 00192 8/2024
Department
Department of Natural Resources
Division
Energy & Carbon Management Commission
Opening Date
08/28/2024
Closing Date
9/16/2024 4:59 PM Mountain
FLSA
Determined by Position
Type of Announcement
This position is open only to Colorado state residents.
Primary Physical Work Address
1120 Lincoln Street Denver 80203, Remote/Hybrid
Hiring Pay Rate
Employees new to State Government will be paid on a bi-weekly basis.
FLSA Status
Exempt; position is not eligible for overtime compensation.
Department Contact Information
Patrick Warnes patrick.warnes@state.co.us
Salary Note
Although the full salary range for this position is provided, appointments are typically made at or near the range minimum.
How To Apply
Please submit an online application for this position at https://www.governmentjobs.com/careers/colorado. Reach out to the Department Contact to apply using a paper application, including any supplemental questions. Failure to submit a complete and timely application may result in the rejection of your application. Applicants are responsible for ensuring that application materials are received by the appropriate Human Resources office before the closing date and time listed.
Description
Benefits
Questions
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 and Dental plans
Strong, flexible retirement plans including PERA Defined Benefit Plan or PERA Defined Contribution Plan, plus pre-tax 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 information, go to: https://studentloans.gov/myDirectLoan/pslfFlow.action#!/pslf/launch
AboutColorado Energy & Carbon Management Commission (ECMC) (https://ecmc.state.co.us/about.html#/about) :
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.
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:
Initiate enforcement actions when compliance cannot be obtained cooperatively;
Negotiate enforcement actions to pursue cooperative settlement;
Prosecute contested enforcement actions before Hearing Officers, ALJs, or the Commission;
Provide technical knowledge and guidance to the regulated community, ECMC Staff, and external stakeholders;
Evaluate and propose new rules and regulations or modifications to existing rules and regulations for implementation by ECMC; and
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.
Represent the ECMC at public outreach events and meetings and conduct stakeholder meetings.
Description of Job
This position obtains compliance with and 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 seven Enforcement Advisor positions function as the Work Lead s of the subject matter expert team s assembled to prosecute each case. The subject matter expert team s consis t of Environmental Supervisors, Planning and Permitting Supervisors, Compliance Supervisors, and Engineering Supervisors, or their designated representatives
Prosecute Enforcement Cases – Consent Decrees:
Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOCs) , and manage enforcement cases from beginning to end. Directly negotiate AOCs to their resolution and prepare settlement documents to resolve enforcement actions. Present and defend AOCs before a Hearing Officer, Administrative Law Judge, or the Commission.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Decide the appropriate legal and regulatory citations to include in NOAVs and AOCs.
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.
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 Violation (OFVs).
Specific examples of regular, ongoing decisions made by this position related to this duty include:
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. 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. Work with ECMC Staff on matters that advance agency goals outside the enforcement process.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
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.
Filing and pursuing general applications where legal support is needed.
Ensuring regulatory compliance :
Coordinate with the Enforcement Manager and Supervisors to develop and implement process improvements to the enforcement program. This may include, for example, training, preparing process flow documents, determining enforcement priorities, reviewing existing and draft NOAVs, operator outreach regarding systemic or discrete compliance issues, preparing penalty calculations, project managing a warning process with another unit, or preparing suggested regulatory and statutory changes that would improve the enforcement process.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Reviewing an existing NOAV and determining whether it is a priority for prosecution.
Evaluating Staff observations and deciding whether an NOAV is warranted or whether other measures designed to achieve compliance are appropriate.
Working with Staff to create a compliance tool specific to a discrete compliance issue, using the tool to issue warnings, and following up to ensure compliance has been achieved.
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 Qualifications:
Seven (7) years of relevant experience in an occupation related to the work assigned to this position
OR
Education and Experience:
A combination of related education and/or relevant experience in an occupation related to the work assigned equal to seven (7) years
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:
Current or former State experience relevant to this position, especially experience working in regulatory compliance at an administrative agency.
Professional experience applying rules or laws at an administrative agency.
Excellent legal writing and legal research skills.
Professional experience participating in trials and hearings, especially experience at an administrative agency.
Excellent negotiation skills, especially demonstrable experience crafting and memorializing settlements.
Experience giving presentations to diverse stakeholders.
Demonstrable experience managing numerous projects, each with distinct timelines.
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 possess and maintain a valid Colorado's driver's license.
Able to travel with occasional overnight stays within Colorado.
This position works independently from an office at home.
Responding to complaints after hours and on weekends.
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 Director's 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 arenotconsidered as part of initial reviews, therefore, it is important todocument 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.
Must submit Cover letter and educational transcripts.
Equity, Diversity, and Inclusion
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. 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, dnrhremployeebenefits@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 an accommodation, please contact dnrhremployeebenefits@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-Verify
The Department of Natural Resources participates in E-Verify (https://secure.neogov.com/images/AgencyImages/jobposting/2027/jobpostings/image/E-Verify_Participating_Employer.jpg) in accordance with the program's Right to Work (https://secure.neogov.com/images/AgencyImages/jobposting/2027/jobpostings/image/ier_righttoworkposter-%20jpeg(1).jpg) 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 (https://www.e-verify.gov/) about E-Verify, including your rights and responsibilities.
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.
Toll–Free Applicant Support - Technical Help
If 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. Helpful hints: If you are having difficulty uploading or attaching documents to your application, ensure your documents are PDF or Microsoft Word files and close the document before you attempt to upload it.
If not applying online:
Online is the preferred method of applying. If you are unable to apply on-line for reasons other than technical issues, please contact me prior to the closing date/time of the announcement.
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/benefits
Please note that each agency's 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.
01
The Colorado Constitution, Article XII, Section 13 requires that APPLICANTS for state classified government jobs be residents of Colorado at the time of application, unless this requirement is waived by the State Personnel Board (DPA). A residency waiver was not issued by DPA for this announcement. For more information, please see the FAQ's at: https://careers.colorado.gov/how-to-apply. Are you a current Colorado resident?
Yes
No
02
If you are a veteran who is eligible for preference points, did you upload/attach your DD-214? Veterans who wish to seek disability preference points based on a service related disability must submit acceptable documentation to support your claim for veterans' preference (exclude specific/private medical information).
Yes
No
Not Applicable
03
Current and former State Personnel System employees who were disciplinarily terminated, resigned in lieu of termination, or who were deemed to have resigned without notice (Board Rule 7-5, Automatic Resignation) must disclose this information on the application.
I am not a current or former State of Colorado classified employee.
I am a current or former State of Colorado employee but have NEVER been disciplinarily terminated, resigned in lieu of termination, or deemed to have resigned without notice (Board Rule 7-5, Automatic Resignation).
I am a current or former State of Colorado employee and have been disciplinarily terminated, resigned in lieu of termination, or deemed to have resigned without notice (Board Rule 7-5, Automatic Resignation). NOTE: Failure to disclose this information and/or falsification of Application materials may result in being removed from consideration for this position.
04
Former State employees who were disciplinarily terminated or resigned in lieu of termination must disclose this information on the application. In the space below, please provide an explanation as to why the prior termination or resignation should NOT disqualify you application from the current position:
05
Please provide your educational transcripts. Did you upload a copy of your official or unofficial transcript? (Your transcript is required as verification that you meet the requirements).
Yes, I have attached my transcripts.
06
Did you upload your résumé, a professional writing sample and cover letter to this on-line application?
Yes
No
07
Part, or all, of the assessment for this position involves a review of the information you submit in your application materials. Please verify that you understand that the failure to include adequate information or attachments to your job application may affect your final score and/or prevent you from competing in any subsequent measures used to arrive at a top group of applicants.
Yes
No
08
If you are using education to meet or substitute for work related experience, did you upload a copy of your official or unofficial transcript? (Your transcript is required as verification that you meet the requirements)
Yes
No
09
if you are using work experience to substitute for a Bachelor's degree from an accredited institution in a field of study related to the work assignment, please describe how your work experience will prepare you to succeed in this position.
10
Please describe whether you have experience working in regulatory compliance at an administrative agency. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
11
To the extent not answered above, please describe whether you have experience applying rules or laws at an administrative agency. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
12
To the extent not answered above, please describe your experience as it pertains to Administrative Law, Oil & Gas, Energy Law or Environmental Law in a professional office setting. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
13
To the extent not answered above, please describe whether you have professional experience participating in trials and hearings, especially experience at an administrative agency. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
14
To the extent not answered above, please describe which tools you use to decide the best strategy, course of action, and terms or conditions to use in negotiating and memorializing a settlement. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
15
To the extent not answered above, please describe your experience giving presentations to a diverse group of stakeholders. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
16
To the extent not answered above, please describe your experience managing numerous projects, each with distinct timelines. Please include specific examples, a description of where the experience was obtained, the duties performed, and mm/yy to mm/yy. Statements such as "See application" will not be accepted in lieu of a response.
17
Please confirm that you are willing and able to meet the Conditions of Employment outlined in this announcement.
Yes
No
18
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.
I accept and understand.
Required Question
Agency
State of Colorado
Address
See the full announcement by clicking
the "Printer" icon located above the job title
Location varies by announcement, Colorado, --
Website
https://careers.colorado.gov/
Apply
Please verify your email addressVerify Email