State of Maryland

An Unemployment Insurance (UI) Legal Officer II is the intermediate level of professional legal staff work involving specialized responsibilities in the enforcement of contributions or benefits areas of the Maryland Unemployment Insurance law. Employees in this classification represent the Unemployment Insurance Administration in court proceedings and administrative hearings to secure monies due the State with responsibility for the collection of sums from employers who are delinquent in their contributions, or for the recovery of sums from Unemployment Insurance recipients who have received improper payments. Employees in this classification render legal determinations that are subject to review by the Office of the Attorney General. Employees in the classification do not supervise other UI Legal Officers, but may provide guidance and direction to lower-level UI Legal Officers or Legal Assistants.

Employees in this classification receive moderate supervision from an UI Legal Officer IV.

Positions in this classification are evaluated by using the classification job evaluation methodology. The use of this method involves comparing assigned duties and responsibilities of a position to the job criteria defined in the Nature of Work and Examples of Work sections of the class specification.

The UI Legal Officer I, UI Legal Officer II, and UI Legal Officer III are differentiated on the basis of degree of supervisory control exercised by the supervisor over these employees. The UI Legal Officer I performs duties under close supervision. The UI Legal Officer II performs duties under close supervision at times and under general supervision at other times depending on the complexity of the specific duty being performed. The UI Legal Officer III performs the full range of duties and responsibilities under general supervision.

Represents the Unemployment Insurance Administration in U.S. Bankruptcy, State District and Circuit court proceedings and in administrative hearings in order to collect monies due to the State Unemployment Insurance Fund from employers who are delinquent in their contributions, or for the recovery of sums from Unemployment Insurance recipients who have received improper payments;

Presents evidence and argues cases in both administrative and judicial proceedings; Interviews claimants and employers and their legal representatives for the purpose of obtaining information, arranging out-of-court settlements, or to explain and interpret laws and procedures;

Employs legal methods to collect or recover sums due the Unemployment Insurance Fund from employers delinquent in their contributions or from overpaid claimants;

Prepare briefs, summaries, appendices, pleadings and related documents;

Recommends appropriate legal means to obtain liens or judgments and to secure their satisfaction;

Reviews audits and examinations of claimants’ wage records, employers’ payroll and tax records and other facts and evidence to determine if civil or criminal prosecution is warranted;

Reviews employer and claimant bankruptcy filings to determine if participation in the bankruptcy case is warranted;

Confers with Unemployment Insurance claimants, employers, Attorneys, Accountants, or other representatives to settle pending cases;

Assists the State’s Attorney in prosecuting Unemployment Insurance fraud cases in District or Circuit Courts;

Reviews and revises administrative procedures as required in accordance with Unemployment Insurance law changes;

May assist higher level UI Legal Officers in the preparation and presentation of the most complex Unemployment Insurance cases;

Renders legal determinations under the Maryland Unemployment Insurance Law;

Performs other related duties.

Knowledge of legal processes and procedures for the satisfaction of debts and the enforcement of liens, judgments, attachments, executions and other writs;

Knowledge of common law, statutory law and case law precedents relevant to the collection of debts by creditors;

Knowledge of the rules of evidence;

Knowledge of the principles and methods for preparing and trying cases in the Maryland Courts or in administrative hearings;

Ability to interpret and apply the contributions and benefits provisions of the Maryland Unemployment Insurance law;

Ability to interview claimants, employers and witnesses to obtain facts and evidence;

Ability to perform related legal research and investigations;

Ability to prepare trial briefs, summaries, appendices and related documents;

Ability to prepare and present cases in the U.S. Bankruptcy Court, State District and Circuit Courts and Administrative Hearings.

Education:   A Juris Doctor degree or equivalent degree from an accredited school of law.

Experience: Two years of experience in the practice of law. This experience must have required the appearance in court on behalf of clients or have involved the interpretation or enforcement of the Maryland Unemployment Insurance law.

Note: Candidates may substitute U.S. Armed Forces military service experience as a commissioned officer in General Attorney classifications or General Attorney specialty codes in the Legal and Kindred field of work on a year-for-year basis for the required education.

1. Candidates must be a member of the Maryland Bar.

2. Candidates must be admitted to or eligible for admission to the Federal Bar.

3. Candidates must possess a Certificate of Good Standing from the Maryland Court of Appeals.

4. Employees in this classification may be assigned duties which require the operation of a motor vehicle. Employees assigned such duties will be required to possess a motor vehicle operator’s license valid in the State of Maryland before completion of the probation period.

Class specifications are broad descriptions covering groups of positions used by various State departments and agencies. Position descriptions maintained by the using department or agency specifically address the essential job functions of each position.

This is a Skilled Service classification in the State Personnel Management System.  All positions in this classification are Skilled Service positions. Some positions in Skilled Service classifications may be designated Special Appointment in accordance with the State Personnel and Pensions Article, Section 6-405, Annotated Code of Maryland.

This classification is assigned to Bargaining Unit G, Engineering, Scientific and Administrative Professionals classes. As provided by State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, supervisory, managerial and confidential employees are excluded from collective bargaining. Additionally, certain executive branch agencies are exempt from collective bargaining and all positions in those agencies are excluded from collective bargaining.

This classification is one level in a Non-Competitive Promotion (NCP) series. NCP promotions are promotions by which employees may advance in grade and class level from trainee to full performance levels in a classification series. In order to be non-competitively promoted to the next level in a NCP series, an employee must: 1) perform the main purpose of the class as defined in the Nature of Work section of the class specification; 2) receive the type of supervision defined in the class specification, and 3) meet the minimum qualifications of the classification.