Associate Enforcement Counsel

JOB SUMMARY

The Associate Enforcement Counsel, under the direction of the Enforcement Counsel, represents the Commission in adjudicatory proceedings under M.G.L. c. 30A alleging violations of Commission laws and in informal proceedings relative to suitability disputes. The Associate Enforcement Counsel provides legal support to Enforcement Counsel in advising the agency on all enforcement-related matters. The Associate Enforcement Counsel is also responsible for assisting the Investigations and Enforcement department staff regarding legal matters with licensing, inspections, investigations, testing, and enforcement. This position counsels and advises all enforcement units in the implementation of the Commission’s statute and regulations and the development of consistent regulatory compliance measures for the Commonwealth’s marijuana industry. In addition, the Associate Enforcement Counsel may assist in developing policies and proposing regulatory revisions to comply with legislative and regulatory changes with a focus on compliance and enforcement.

CORE RESPONSIBILITIES

• Attend, present, and represent the Commission at public meetings, administrative hearings, and other public forums in relation to enforcement matters;

• Prosecute enforcement matters in formal and informal administrative hearings conducted pursuant to M.G.L. c. 30A, to include drafting motions, briefs, discovery requests, preparing evidence, and conducting direct and cross examination;

• Lead negotiations at dispute resolution conferences and the drafting of compliance stipulated agreements;

• Bring suitability disputes before the Suitability Review Committee through the informal proceeding process to include drafting position statements and compiling the corresponding evidentiary record;

• Assist Enforcement Counsel in advising the Commission on enforcement-related legal matters, including but not limited to the Commission’s Chief of Investigations and Enforcement, Director of Licensing, Director of Investigations, and Director of Testing and their staff, as evidenced by the development of coherent and well-researched written and oral advice;

• Provide legal analysis and advice on the determination of all requests seeking exemption from Commission regulations;

• Advise and consult on the development of Commission regulations and polices;

• Conduct legal research comparing regulatory approaches in legalized marijuana jurisdictions;

• Collaborate with federal, state, and local government agencies on enforcement-related matters where appropriate and assist the Chief of Investigations and Enforcement on other special initiatives as needed;

• Lead special investigations as assigned by the Chief of Investigations and Enforcement; and