ECMC Hearing Officer II Cumulative Impacts & Regulatory Affairs

Salary : $68,100.00 – $98,400.00 Annually

Location : Denver Metro, CO

Job Type: Full Time

Job Number: PHA 00065 8/23

Department: Department of Natural Resources

Division: Energy & Carbon Management Commission

Opening Date: 08/28/2023

Closing Date: 9/27/2023 11:59 PM Mountain

Primary Physical Work Address: 1120 Lincoln, Suite 801Denver, COREMOTE

FLSA Status: Exempt; position is not eligible for overtime compensation.

This posting is only open to Colorado residents. – an exemption contingent upon residency waiver
Department Information

OPEN ONLY TO CURRENT RESIDENTS OF COLORADO

***This posting has been extended until Sunday September 27th, 2023***

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

About :
The mission of the Colorado Energy & Carbon Management Commission (ECMC) is to regulate the development and production of the natural resources of oil and gas in the state of Colorado 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 Colorado’s oil and gas natural resources.

The Regulatory Affairs Unit is responsible for all matters related to hearings before the Energy and Carbon Management Commission (Commission or ECMC), which includes intake, analysis, and processing of applications for Commission orders, adjudications, and rulemakings. The Regulatory Affairs Unit reviews all hearing applications for compliance with
applicable procedural and substantive requirements of the Colorado Oil and Gas Conservation Act, C.R.S. §§ 34-60-101 et seq. (Act), Commission Rules, and the Colorado Administrative Procedure Act (APA) and makes recommendations to the Commission on all uncontested applications for orders, as well as on contested matters.
The Regulatory Affairs Unit is the agency’s authority on interpretation of the Act and Commission rules, orders and policies. As such, the Regulatory Affairs Unit responds to inquiries from ECMC staff, oil and gas operators, attorneys, mineral owners, surface owners, state and local government agencies, media and citizens regarding these matters. The
Unit also develops policies and guidance concerning interpretation and implementation of Commission procedural rules.
The Regulatory Affairs Unit works closely with the Attorney General’s office, which serves as counsel to the Commission, on legal and litigation matters. This includes: seeking legal advice on behalf of the agency; reviewing pleadings; and preparing administrative records for judicial review of Commission decisions.
Description of Job

OPEN ONLY TO CURRENT RESIDENTS OF COLORADO

This posting will fill two vacancies

Position Summary:
This exciting role will analyze and process Applications for Commission Orders and requests for rule making under the Cumulative Impacts and Regulatory Affairs Manager’s supervision. The position will preside over prehearing conferences and administrative hearings. On an as needed basis, the position may perform legal research to assist the Commission. This position will assist with preparing and presenting public outreach materials in a variety of public settings.

Analyze and Process Applications for Commission Orders and Rulemaking Requests:

This position will review and process applications filed for Commission Orders and rulemaking hearings to ensure that all technical and legal elements required under the Oil and Gas Conservation Act, the Administrative Procedure Act, the Commission’s Rules and Regulations, and any Commission Orders have been met. Other considerations include potential impact to the environment and public health, safety and welfare, and their relation to federal, tribal, state and local jurisdictional agencies.
The Hearing Officer, through either an administrative hearing or an administrative review, will examine all testimony and exhibits presented in support of applications by applicants to ensure that all elements required recommending matters to the Commission for approval have been met.

  • Review testimony and exhibits related to land and legal descriptions,
    geology, engineering and environmental principles, standards and concepts. Coordination with technical staff and attention to detail is required.
  • Process and review applications for technical and legal sufficiency.
  • Conduct prehearing conferences and administrative hearings.
  • Review testimony presented and make recommendations.
  • Conduct research, draft pleadings, and prepare orders.

Preside over Prehearing Conferences and Adjudicatory Hearings:
The Hearing Officer will preside over prehearing conferences and administrative hearings on contested adjudicatory applications, rulemaking requests, and enforcement matters. This involves bringing the applicant, protestants/interveners and parties together in an effort to facilitate settlement, narrow the issues, identify any stipulated facts, and resolve other pertinent issues to expedite hearings before the Commission. The Hearing Officer will rule on preliminary matters, procedural motions, and other matters raised..

  • Preside over prehearing conferences and administrative hearings
  • Review testimony presented and make recommendations
  • Administer oaths and rule on motions and objections
  • Conduct research, draft pleadings, and prepare orders
  • Place limitations on methods and extent of discovery and witnesses

Communication with stakeholders:
This position will assist the Hearings Unit in responding to the numerous daily inquiries from the regulated industry, mineral, royalty, and surface owners, attorneys, citizens, and federal, tribal, state, and local governmental agencies regarding all aspects of Commission activities. It will provide information regarding interpretation and implementation of Commission rules, orders, and policies to internal and external customers regarding environmental, technical, enforcement, procedural and regulatory matters during meetings and through telephone and email inquiries.

  • Provide information regarding interpretation and implementation of Commission rules, orders, and policies.
  • Refer inquiries to technical and field staff where appropriate
  • Provide direction on how to locate information (e.g. COGIS and ECMC website)

Legal Research and Policy Drafting:
This position will assist the Cumulative Impacts & Regulatory Affairs Manager, the Deputy Director for Policy Administration, and the Director of the ECMC by conducting legal and policy research and will assist with public outreach efforts, including preparing presentation materials and speaking in public. This position will review and examine statutes, case law, regulations, rules, conceptual models, professional standards, and legal precedents in order to determine their relationship to the question or policy at issue. Following this examination this position will prepare and draft memorandum, responses, presentations, communications, and make suggestions for policy considerations.

  • Conduct legal and policy research
  • Prepare legal memorandum and other documents
  • Draft letters and other correspondence
  • Create, revise, and update public presentations
  • Make suggestions for policy considerations

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

OPEN ONLY TO CURRENT RESIDENTS OF COLORADO

MINIMUM REQUIREMENTS:
Three years of professional experience in an occupational field related to the work assigned to the position.
AND
Bachelor’s degree from an accredited institution in a field of study related to the work assignment.
OR
7 years of professional experience in an occupational field related to the work assigned to the position

SUBSTITUTIONS:

  • Additional appropriate experience will substitute for the degree requirement on a year-for-year basis.
  • Additional appropriate education will substitute for the required experience on a year-for-year basis.

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:

  • Current or former State experience relevant to this position.
  • Ability to explain the work processes and ECMC rules
  • Strong written and verbal communication skills, leading organizations, excellent research and writing skills, and ability to multitask, projects and stakeholders.
  • Juris Doctor Degree from an accredited law school.

Conditions of Employment:

  • Colorado residency is required at the time of application.
  • A current & valid Driver’s license is required for operating a state vehicle,
  • Occasional travel is anticipated.

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 Colorado Constitution requires all appointments and promotions in the state personnel system be made according to merit and fitness.

Check out https://careers.colorado.gov/how-to-apply for a quick video on how to apply for State of Colorado and Department of Natural Resources jobs, as well as how to search for job

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 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, Anna Kargobai-Murray, at anna.kargobai-murray@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 Anna Kargobai-Murray at 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 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 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.

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:

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

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.

03

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

04

If you are using education to meet or substitute for qualifications, did you upload a copy of your official or unofficial transcript? Please note education transcripts are necessary regardless of whether you are substituting education for experience.

  • Yes, I have attached my transcripts.
  • No, I am not using college course work to meet minimum requirements for this position.
  • Not Applicable

05

Did you upload your résumé, cover letter and transcript to this on-line application? Your educational transcript is necessary as verification that you meet the requirements

  • Yes
  • No

06

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

07

Please briefly describe your experience with the energy industry in Colorado.

08

Please briefly describe your experience reviewing or officiating over a state agency’s (like the Energy and Carbon Management Commission) administration of statutes and rules.

09

Please briefly describe your experience with administrative agency hearing matters, and any civil litigation practice.

10

Please briefly describe your experience reviewing or adjudicating the effect of cumulative impacts or consideration of impacts on disproportionately impacted communities.

11

Please briefly describe your comfort level with and experience moderating public stakeholder engagements.

Required Question

Job Category
Energy Generation and Mining
Job Type
Full Time/Permanent
Salary
USD 68,100.00 - 98,400.00 per year
Country
United States
City
Denver
Career Level
unspecified
Company
State of Colorado
JOB SOURCE
https://www.governmentjobs.com/careers/colorado/jobs/4165132