Attorney III (SOS Temporary)

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Job Description:

The Nebraska Liquor Control Commission is seeking an experienced attorney to provide immediate legal support to the Commission, Executive Director, and agency staff. This temporary SOS position will serve as the Commission’s primary internal legal resource on alcohol regulation, administrative law, regulatory compliance, personnel matters, procurement, administrative hearings, public meetings, and legislative issues.

The attorney will interpret and apply the Nebraska Liquor Control Act, Commission regulations, the Nebraska Administrative Procedure Act, Open Meetings Act, public records laws, State personnel requirements, procurement requirements, and other laws affecting Commission operations. The position will also assist with legislative research, bill drafting, fiscal and operational analysis, and implementation of enacted legislation.

This position requires considerable independent judgment and the ability to provide timely, practical legal guidance on complex and sensitive matters. The attorney will coordinate with the Nebraska Attorney General’s Office when formal opinions, litigation representation, or other assistance from the Attorney General is appropriate.

This is a temporary SOS assignment intended to meet the Commission’s immediate legal needs. Acceptance of the SOS assignment does not guarantee selection for a future permanent position.

Job Duties:

Legal advice and agency counsel

• Serve as the primary internal legal advisor to the Commission, Executive Director, and agency leadership.
• Research, interpret, and advise on the Nebraska Liquor Control Act, Commission regulations, administrative law, and other applicable state and federal laws.
• Provide clear, practical legal guidance on licensing, enforcement, compliance, taxation, operational, and policy matters.
• Review agency correspondence, advisory guidance, policies, procedures, forms, agreements, and other official documents for legal sufficiency.
• Identify legal risks and recommend appropriate corrective or preventive action.
• Coordinate with the Attorney General’s Office on litigation, formal legal opinions, appeals, and other matters requiring its involvement.
• Monitor relevant court decisions, Attorney General opinions, federal guidance, and regulatory developments affecting alcohol regulation.

Regulatory compliance and enforcement

• Advise staff on licensing eligibility, ownership structures, tied-house restrictions, trade practices, manufacturing privileges, distribution requirements, excise tax matters, and other regulatory questions.
• Review proposed enforcement actions, investigative findings, warning letters, citations, settlement proposals, and compliance agreements.
• Evaluate whether agency actions are supported by statute, regulation, evidence, and applicable due-process requirements.
• Help develop consistent interpretations and enforcement standards.
• Draft or review legal advisories, interpretive guidance, regulatory bulletins, and industry communications.
• Assist in developing and maintaining policies, standard operating procedures, and internal controls.
• Identify statutory or regulatory gaps and recommend corrective legislation, rulemaking, or policy changes.

Administrative hearings and contested cases

• Prepare and present cases in administrative hearings and other Commission proceedings.
• Review investigative reports, exhibits, witness information, pleadings, motions, proposed orders, and settlement documents.
• Advise agency staff regarding evidentiary requirements, due process, notice, service, administrative records, and hearing procedures.
• Interview and prepare witnesses and organize documentary evidence.
• Negotiate appropriate settlements and consent orders when authorized.
• Draft or review findings of fact, conclusions of law, recommended decisions, final orders, and related documents.
• Coordinate judicial appeals or other court proceedings with the Attorney General’s Office.
• Help maintain appropriate separation between investigative, prosecutorial, advisory, and decision-making functions.

Public meetings and Commission governance

• Provide legal assistance before, during, and after public meetings and administrative hearings.
• Advise the Commission and staff regarding the Nebraska Open Meetings Act, public records requirements, agendas, notices, executive sessions, public participation, voting, and meeting procedures.
• Review meeting agendas, scripts, notices, minutes, orders, resolutions, and supporting materials.
• Assist staff in identifying matters requiring Commission action and ensuring that proposed action is properly noticed.
• Provide real-time legal guidance during meetings when requested.
• Help develop procedures that promote consistent, transparent, and legally compliant Commission decision-making.

Employment and personnel law

• Advise agency leadership on employment law and legal issues involving personnel actions.
• Review sensitive personnel matters, workplace investigations, discipline, performance management, accommodations, leave, hiring, classification, compensation, reduction-in-force considerations, and separation decisions.
• Provide legal guidance concerning applicable State Personnel Rules, collective-bargaining agreements, state and federal employment laws, and agency policies.
• Coordinate with DAS Human Resources, DAS Employee Relations, the Attorney General’s Office, and other appropriate entities.
• Assist in protecting confidential personnel information and maintaining appropriate documentation.
• Distinguish legal advice from administrative HR responsibilities and work collaboratively with the agency’s assigned HR representatives.

Contracts and procurement

• Review and assist with contracts, interagency agreements, memoranda of understanding, requests for proposals, scopes of work, amendments, renewals, and other procurement documents.
• Advise agency leadership on procurement requirements, contracting authority, competitive bidding, conflicts of interest, records retention, confidentiality, indemnification, insurance, and contract administration.
• Identify legal and operational risks in proposed agreements and recommend revisions.
• Assist with contract negotiations when requested.
• Coordinate with DAS Materiel, State Purchasing, Risk Management, the Attorney General’s Office, and other appropriate agencies.

Legislative and rulemaking assistance

• Research and analyze proposed legislation affecting alcohol regulation, agency authority, licensing, enforcement, revenue, personnel, and Commission operations.
• Assist in drafting legislation, amendments, legislative proposals, testimony, talking points, issue papers, fiscal-note information, and implementation plans.
• Provide neutral legal and operational analysis of pending bills.
• Track legislation and identify potential legal, fiscal, administrative, and regulatory effects on the Commission.
• Assist with comprehensive review and modernization of the Nebraska Liquor Control Act.
• Draft and review proposed regulations, rulemaking notices, hearing materials, statements of basis and purpose, and implementation guidance.
• Coordinate legislative work with the Executive Director, commissioners, Governor’s Office, legislative staff, Attorney General’s Office, and other stakeholders as directed.

Requirements / Qualifications

Minimum Qualifications: Three years of experience as an attorney practicing law and providing legal services such as preparing and trying cases, advising clients, and/or interpreting laws or administrative policies.

Legal Requirements: In accordance with Section 7-101, Nebraska Revised, Reissued Statutes of l943, incumbents in this class must be admitted to the Nebraska Bar.

Preferred Qualifications:

• Active membership in good standing with the Nebraska State Bar Association.
• Prior experience serving as agency legal counsel, assistant agency legal counsel, general counsel, or in a comparable legal position within Nebraska State government.
• Experience advising a state agency, regulatory board, commission, governmental entity, or other public body.
• Experience with administrative law, professional or business licensing, regulatory enforcement, or contested-case proceedings.
• Knowledge of the Nebraska Administrative Procedure Act and agency rulemaking process.
• Knowledge of the Nebraska Open Meetings Act and Nebraska public records laws.
• Experience preparing for or appearing in administrative hearings.
• Experience drafting pleadings, proposed orders, findings of fact, conclusions of law, settlement agreements, or compliance agreements.
• Experience interpreting statutes, regulations, court decisions, and Attorney General opinions.
• Experience advising management on employment law, personnel actions, workplace investigations, leave, accommodations, discipline, or other legal HR matters.
• Familiarity with the Nebraska Classified System Personnel Rules and Regulations and State collective-bargaining agreements.
• Experience reviewing or negotiating contracts, interagency agreements, procurement documents, or requests for proposals.

Other: Regular and Reliable attendance is required.

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Benefits

We offer a comprehensive package of pay, benefits, paid time off, retirement and professional development opportunities to help you get the most out of your career and life. Your paycheck is just part of your total compensation.

Check out all that the State of Nebraska has to offer! Benefit eligibility may vary by position, agency and employment status. For more information on benefits, please visit: https://statejobs.nebraska.gov/index.html#benefits

Equal Opportunity Statement

The State of Nebraska values our teammates as well as a supportive environment that strives to promote diversity, inclusion, and belonging. We recruit, hire, train, and promote in all job classifications and at all levels without regard to race, color, religion, sex. age, national origin, disability, marital status or genetics.