This posting is only open to residents of the State of Colorado at the time of submitting your application.
The Enforcement team is tasked with determining Operator compliance with rules adopted by the Colorado Energy and Carbon Management Commission (ECMC) to protect public health, safety, welfare, the environment and wildlife resources. The team includes enforcement advisors, enforcement supervisors, an NOAV Specialist, and the unit manager. The Enforcement team performs the following functions:
Initiate enforcement actions when compliance cannot be obtained cooperatively;
Negotiate enforcement actions to pursue cooperative settlement;
Prosecute contested enforcement actions before Hearing Officers, ALJs, or the Commission;
Provide technical knowledge and guidance to the regulated community, ECMC Staff, and external stakeholders;
Evaluate and propose new rules and regulations or modifications to existing rules and regulations for implementation by ECMC; and
Provide expert testimony to the Commission or other regulatory agency regarding compliance of oil and gas facilities with ECMC rules and the Colorado Oil and Gas Conservation Act.
Represent the ECMC at public outreach events and meetings and conduct stakeholder meetings.
This position obtains compliance with and prosecutes violations of the Commission’s Rules as follows:
Prosecute enforcement cases that can be resolved by consent decrees. Prepare notices for hearing, draft Administrative Orders by Consent (AOCs), and manage enforcement cases from beginning to end. Directly negotiate AOCs to their resolution and prepare settlement documents to resolve enforcement actions. Present and defend AOCs before a Hearing Officer, Administrative Law Judge, or the Commission.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Decide the appropriate legal and regulatory citations to include in NOAVs and AOCs.
Decide the best strategy, course of action, and terms or conditions to use in the settlement of the ECMC’s enforcement actions to ensure compliance with applicable law and department and agency policy objectives.
Assess appropriate fines for violations of ECMC rules.
Prosecute contested enforcement actions of alleged violations of the Rules, the Act and ECMC Orders before a Hearing Officer, Administrative Law Judge, or the Commission. The Enforcement Advisor will be required to identify witnesses and exhibits, prepare witnesses, prepare direct and cross examination, prepare opening and closing statements, and prepare draft and final Commission enforcement orders. Additionally, this position will provide policy, technical and legal assistance and guidance to agency staff in the engineering, environmental, compliance, permitting, production, and financial assurance units on the proper methods to gather facts, evidence, and witnesses as background and evidentiary information for NOAVs and Orders Finding Violation (OFVs).
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Decide the appropriate legal and regulatory citations to include in NOAVs and OFVs.
Assess appropriate fines for violations of ECMC rules.
Develop strategies and tactics in prosecuting matters before a Hearing Officer, Administrative Law Judge, or the Commission. This includes: developing case theories, witness preparation, responses to discovery, eliciting testimony from experts and professional witnesses, preparation of opening statements, closing arguments, and direct and cross examination.
Consult with management and technical staff to provide operational guidance and direction on the ECMC enforcement and compliance program and the issuance of NOAVs. Work with engineering, environmental, compliance, permitting, production, and financial assurance units to implement a consistent approach to compliance. Work with non-field units to implement a consistent and timely approach to ensure paperwork compliance. Work with the oil and gas industry to communicate compliance goals in an effort to gain voluntary compliance and reduce enforcement actions initiated by ECMC Staff. Work with ECMC Staff on matters that advance agency goals outside the enforcement process.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Decide and explain the appropriate legal and regulatory citations to include on NOAVs, AOCs, and OFVs.
Evaluate the sufficiency of evidence and work with technical staff regarding information necessary to support enforcement actions.
Coordinate various alleged violations with different technical staff units for a unified enforcement action.
Confer with the regulated industry about compliance.
Filing and pursuing general applications where legal support is needed.
Ensuring regulatory compliance:
Coordinate with the Enforcement Manager and Supervisors to develop and implement process improvements to the enforcement program. This may include, for example, training, preparing process flow documents, determining enforcement priorities, reviewing existing and draft NOAVs, operator outreach regarding systemic or discrete compliance issues, preparing penalty calculations, project managing a warning process with another unit, or preparing suggested regulatory and statutory changes that would improve the enforcement process.
Specific examples of regular, ongoing decisions made by this position related to this duty include:
Reviewing an existing NOAV and determining whether it is a priority for prosecution.
Evaluating Staff observations and deciding whether an NOAV is warranted or whether other measures designed to achieve compliance are appropriate.
Working with Staff to create a compliance tool specific to a discrete compliance issue, using the tool to issue warnings, and following up to ensure compliance has been achieved.
This posting is only open to residents of the State of Colorado at the time of submitting your application.
Minimum Qualifications:Conditions of Employment:
Colorado residency is required at the time of application.
The Assessment Process
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, dnr_hr_employeebenefits@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 dnr_hr_employeebenefits@state.co.us 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 participates in E-Verify in accordance with the program's Right to Work for all newly-hired employees. Employees are queried through the electronic system established by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to verify identity and employment eligibility. You may complete section 1 of the I-9 form upon your acceptance of a job offer letter, but no later than your first day of employment and in addition, on your first day, but no later than the third day, you are required to submit original documents to verify your eligibility to work in the U.S. Learn more about E-Verify, including your rights and responsibilities.
You must be legally eligible to work in the United States to be appointed to this position. DNR does not sponsor non-residents of the United States.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.
If not applying online:
Online is the preferred method of applying. If you are unable to apply on-line for reasons other than technical issues, please contact me prior to the closing date/time of the announcement.