GA Cannabis Commission - General Counsel: Director of Legal Services
POSITION SUMMARY:
Under the supervision of the Executive Director, the General Counsel provides legal guidance and oversight of legal services for the Georgia Access to Medical Cannabis Commission.
The General Counsel is charged with providing legal guidance and counsel for the agency, its members, operations, policies, regulatory oversight, as well as compliance and enforcement activities. The General Counsel serves as the Director of the Legal Services division and staff on a daily basis. The General Counsel has oversight of reviewing, monitoring, and developing policy, writing and reviewing agency responses, preparing cases, and responding to legal inquiries. The General Counsel works with the agency head (Executive Director) and agency divisions to review and enforce license, and contract provisions and has direct involvement with the regulation of individuals or business entities, and their operations, under the Georgia’s Hope Act of 2019, Commissions rules, and applicable state and federal laws.
ESSENTIAL DUTIES and RESPONSIBILITIES:
- Provide guidance to Commission leadership and staff regarding various federal and state laws, the Georgia’s Hope Act of 2019, Commissions rules, the Open Meetings Act, the Open Records Act, and other applicable laws.
- Supervise and oversee legal services division staff on a daily basis.
- Oversee the monitoring and development of policy and research for the agency.
- Respond to requests for records, service of process, and other legal inquiries as well as requests by other partner state agencies and entities.
- Prepare briefs, materials, notices, and cases prior to public meetings, administrative hearings, and court, as well as coordinate with necessary staff and resources to conduct and participate in the respective proceedings.
- Review agency responses to complaints from the general public, as well as from referrals from other regulatory agencies, in an effort to determine whether enforcement action should be taken.
- Participate in administrative, compliance, and enforcement hearings conducted by the Commission.
- Analyze case files including but not limited to complex business and financial documents in connection with multiple enforcement proceedings.
- Create and implement orders, settlements, agreements, and/or legal judgments within approved guidelines.
- Review data and investigative reports and identify areas that require further investigation.
- Participate in case related meetings with agency leadership, applications, compliance, and investigative divisions.
- Maintain and apply a high level of expertise and knowledge of the Georgia’s Hope Act of 2019, other applicable federal and state laws, legislation, and emerging case law in Georgia and nationally.
- Expand areas of subject matter expertise by researching and keeping up with regulatory trends and updated laws to report to and be a resource for the Executive Director and the Commission.
- Provide legal interpretation of the Act to Commission staff members.
- Assist designated Commission staff with the registrations and compliance inspections of registered entities, including but not limited to Class 1 and Class 2 Production Licenses, Dispensing Licenses, and other license types issued by the Commission.
- Research and analyze current statutory and case law affecting the agency and/or programs.
- Draft topical legal articles, website content, as well as new or amended cannabis legislation, rules, and regulations.
- Work with other state and federal cannabis regulators, law enforcement, and prosecutors as needed.
- Infrequent travel (up to 15%) is required to licensee and registrant locations, conferences, public hearings, committee meetings, etc.
- Perform other duties as assigned by the Executive Director.
- Knowledge of relevant Georgia and federal cannabis laws (statutes, court decisions, rules/regulations and other precedent) impacting cannabis regulation, registration/exemptions, and administrative procedure.
- Legal research/writing and analysis skills.
- Knowledge of legal methods and processes, including administrative/regulatory processes.
- Ability to perform research and analysis with respect to business and financial matters.
- Ability to draft various legal documents, such as administrative opinions/orders and legal memoranda.
- Knowledge of technical legal writing.
- Knowledge of contract law and the Georgia Procurement Act.
- Knowledge of judicial procedures and rules of evidence.
- Ability to communicate effectively both orally and in writing.
- Ability to maintain oversight of multiple cases.
- Ability to analyze, appraise and organize facts and present such materials in clear and logical form for oral and written presentation.
- Ability to advise Commission staff on points of law affecting the Commission.
- Ability to determine compliance with rules and regulations.
- Ability to directly oversee rules promulgation and policy development.
- Ability to determine sufficiency of the information.
- Ability to determine other potential avenues for investigation.
SUPERVISION:
- Legal services division staff including paralegal and analyst.
MINIMUM QUALIFICATIONS:
- Three years of directly related experience. Familiarity with laws, rules and regulations in a state regulatory compliance agency or a closely related regulated industry or field.
- Excellent writing, communications and analytical skills are also required.
- Admitted to practice law in Georgia with a State Bar of Georgia license in good standing for a minimum of three years.
- State-issued driver license and ability to drive and utilize personal and/or state vehicles is required.
The Commission prefers applicants who possess the following qualifications:
- Five years of legal experience including at least one year of experience as a Deputy, Director, or General Counsel for a State of Georgia agency.
- Experience advising boards, authorities, commissions, regulatory agencies, and licensing statewide is especially preferred.
- Experience preparing briefs and cases for adjudication in Superior Court, the Office of State Administrative Hearings, and before an Administrative Law Judge, the Georgia Court of Appeals, and the Georgia Supreme Court.
- Experience interacting directly with the Georgia Department of Law as a state agency attorney. Extensive experience with compliance, consent orders, citation hearings, and state administrative hearings.
- Extensive experience providing legal counsel to Director/Executive Director/Agency Head in the development and review of proposed rules and regulations.
- Experience working with multiple levels of government, federal, state and local particularly with licensing and policy development.
- Demonstrated experience learning and applying emerging areas of Federal or State laws, rules, and regulations.
- Previous experience in analyzing and investigating complex licensing/regulatory compliance transactions and/or participation in criminal, civil, or administrative proceedings.
- Demonstrated experience with handling sensitive information, PII, financial and criminal information from applicants and licensees.
EDUCATION REQUIREMENTS:
- Graduate of a nationally accredited ABA-approved law school with J.D. Degree.
- State Bar of Georgia license in good standing for a minimum of 3 years.
Juris Doctorate from an accredited college or university and licensed to practice law in Georgia, and which includes eight (8) years in a managerial role in job-related legal experience.
