Real Estate Counsel Iii

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Real Estate Counsel Iii
The candidate under direction of the Assistant Commissioner, Legal Affairs, will be responsible for reviewing, researching, and analyzing a wide range of complex legal documents included in an application for payment from the Department of Real Estate’s (the “Department”) Real Estate Consumer Recovery Account (“Recovery Account”), identifying and researching complex and difficult legal issues as part of determining if the application satisfies numerous statutory and case law requirements for payment. Develop logical, persuasive, and legally supported memoranda and proposed decisions addressing the most complex and difficult issues for the Real Estate Commissioner’s approval and work closely with the Attorney General’s Office on represented cases involving the Recovery Account pending before the superior and appellate courts. Independently and effectively identify legal issues pertaining to Recovery Account applications with minimal supervision; review and analyze applications, complex legal documents and evidence, court pleadings and case material and applies legal principles, facts and case law precedents to determine whether a claim should be paid, denied or settled; prepare correspondence involving the explanation of Recovery Account legal matters to applicants or their attorneys; and make determinations whether an application is substantially complete, as required by statute. Independently identify and research relevant complex and difficult legal issues and prepare analytical legal memoranda to the Assistant Commissioner, Legal Affairs, setting forth facts, research findings, legal issues, potential defenses, and recommendation whether to pay, deny or compromise claim. Prepare written decisions for payment or denial of claims through the Assistant Commissioner, Legal Affairs, for the Real Estate Commissioner's signature, containing findings of facts and conclusions of law and recommended actions from evidence submitted by the applicant to civil, federal or criminal courts. Independently monitor statutory deadlines governing the period in which the Department must review and render a decision on an application; maintain internal control record-tracking system for assigned cases, including an effective call-up system to ensure the Recovery Account notices and other formal documents are prepared and processed in a timely manner to meet legal requirements and deadlines as required by law; and perform complex legal research through conventional and computer assisted means, including review of applicable statutes, Commissioner’s regulations, Recovery Account’s precedential decisions and California published decisions in order to prepare a well-reasoned and legally supported written decision. Independently review and analyze evidence contained in the investigative files to determine whether grounds exist to support license revocation or license application denial; draft pleadings, orders, memoranda, and other legal documents, as required by or in support of administrative proceedings; organize a reasoned, logical and coherent presentation of testimony and evidence, and legal argument (written or oral) based on issues arising at the hearing; and respond to post-hearing matter (motions, petitions for reconsideration, notices of rejection of proposed decisions, etc.) as appropriate and necessary under the circumstances of the case. Research and respond to public inquiries concerning legal aspects and requirements of the Recovery Account. Work directly with the Attorney General’s Office to formulate the Recovery Account’s persuasive legal arguments in court refiled claims, proration actions and appeals. As the main point of contact with the Department’s Special Investigators, obtain specific court records for proration actions. Develop new and amend existing regulations related to the Consumer Recovery Account. Review, research, and analyze new statutes, legal opinions, case law and/or regulations to keep abreast of current changes regarding the Recovery Account law. Supervision Received. Reports directly to, and receives the majority of assignments from, the Assistant Commissioner, Legal Affairs. Will have extensive contact with applicants for payment from the Recovery Account and their attorneys, judgment debtors and their attorneys, employees in other sections within the Department, staff of Superior and Bankruptcy Courts, Deputy Attorneys General and county District Attorneys, and the public in responding to questions about the law and procedures relating to Recovery Account. May be responsible for performing a wide variety of legal work in the Department of Real Estate such as: administer a legal program; supervise a Department of Real Estate Legal Section; represent the Department of Real Estate in hearings; review subdivision filings; draft legal memorandums or opinions; prepare pleadings; and negotiate settlements of disciplinary actions against licensees. Should be experts in a broad or exceedingly complex area of Real Estate law and have demonstrated the capacity to effectively perform the most sensitive and complex legal work of the Department of Real Estate. Real Estate Counsel III (Specialist) works with broad discretion and independence with minimum supervision on the most difficult assignments, directs the most complex investigations, negotiates with attorneys for subdividers, and serves as program experts. Act in a lead capacity when the staff size is so large or the work so complex as to require both a first line supervisor and a lead attorney. Since only a few positions may reasonably be expected to perform at this level, allocation to this level will be controlled by staffing ratios. Under general direction, incumbents plan, organize, and direct the work of a small staff of Department of Real Estate attorneys and, in addition, develop strategy in the most complex real estate disputes or litigations; may personally perform the most difficult and complex litigation, negotiation, hearings, legal research, and opinion drafting; and may be responsible for all legal staff in a district office. Since only a few positions may reasonably be expected to perform at this level, allocation will be controlled by staffing ratios.

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