Rules Review Commission Counsel

Class Concept

This is professional legal work in providing counsel to the Rules Review Commission (RRC). Employees review permanent and temporary rules adopted by State government agencies and advise the RRC on whether those rules are within the authority delegated to the agency by the General Assembly and are adopted in accordance with the Administrative Procedure Act (APA). Under this APA authority, the RRC reviews permanent and temporary rules adopted by state agencies and determines whether those rules are: (1) within the authority delegated to the agency by the General Assembly; (2) clear and unambiguous; (3) reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency; and (4) adopted in accordance with the APA. Rules must be approved by the Commission to be entered into the North Carolina Administrative Code and become effective as law. The positions under the supervision of the Codifier of Rules.

In addition to reviewing permanent and temporary rules, these positions on behalf of the RRC, implement and manage a process whereby agencies conduct periodic reviews of existing rules and readopt rules. Employees provide formal and informal training to State agency employees and the public. They make presentations to various groups including committees of the General Assembly. Pursuant to G.S. 7A-757, the Chief Administrative Law Judge could request that these employees serve as a temporary Administrative Law Judge for contested case hearings.

Recruitment Requirements

Knowledge, Skills, and Abilities

• Working knowledge of the structure and contents of N.C. General Statutes and the structure of N.C. government
• Considerable knowledge of the principles and practices of administrative law and the N.C. lawmaking process
• Thorough knowledge of the rule-making and existing rules review provisions of the Administrative Procedure Act
• Ability to independently analyze complex rules and statutes, ability to understand the rule-making process and explain it to others and ability to implement and manage the existing rule review process.
• Ability to serve as a professional resource to Commissioners, agencies, and the general public at all levels
• Ability to conduct legal research, analyze the law, and apply the law to complex regulations and regulatory programs
• Ability to interact confidently and professionally with a broad spectrum of people, including attorneys, lobbyists, members of the General Assembly, agency representatives, and the general public
• Ability to independently interpret laws, rules, regulations, and court decisions and to analyze facts, evidence, and legal documents
• Ability to communicate and negotiate with the public, including lobbyists, attorneys, individuals, and state agencies

Minimum Education and Experience

Licensed to practice law by the North Carolina State Bar and three years of professional legal experience in State Government or experience related to the interpretation of State regulations.

NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.