Job Description
About the Organization:
The Division of Insurance ("DOI"), an Agency within the Office of Consumer Affairs and Business Regulation, administers the Commonwealth's insurance consumer protection laws through its regulation of the insurance industry. The primary mission of the Division is to monitor the solvency of its licensees in order to promote a healthy, responsive and willing marketplace for consumers who purchase insurance products. The Division also investigates and responds to consumer inquiries and complaints, enforces state insurance laws and regulations, and provides the public with accurate and unbiased insurance information. An important aspect of the Division's work is ensuring that the individuals and business entities conducting the business of insurance in Massachusetts do so in a legal and timely manner.
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The Division of Insurance is committed to creating and sustaining a work culture that is welcoming, inclusive, and mutually respectful to all its employees regardless of race, color, age, creed, religion, national origin, ethnicity, sex, gender identity or expression, sexual orientation, genetic information, veteran or disability status. We strive to reflect diversity in all facets and levels of our agency. The Division of Insurance values inclusiveness and diversity within their employee and management teams. Within our community we strive to create and maintain working and learning environments that are inclusive, equitable, and welcoming.
The Division of Insurance is committed to ensuring a diverse and inclusive workplace where all employees feel respected, valued, and empowered to maximize their skills and talents to serve our citizens.
About the Role:
The position assists the General Counsel in providing level legal advice and representation to the Commissioner of Insurance and senior Division staff in many complex and highly specialized areas of law either administered or enforced by the agency. These areas of practice include but are not limited to: matters relating to the regulation of insurance, reinsurance, and risk transfer mechanisms that include assigned risk pools, joint underwriting associations, solvency funds, risk retention and risk purchasing groups, health maintenance organizations, and insurance rating bureaus, as well as employment matters. They also include company and producer licensing; administrative supervision, oversight, receivership and liquidation; corporate restructuring of insurance companies and health maintenance organizations, including mergers, acquisitions, and demutualization's; rate and form statute compliance; and the investigation of unfair and deceptive acts and practices and pursuit of enforcement actions. The Deputy General Counsel may also interact with other regulators that have complementary and/or simultaneous regulatory powers such as insurance, banking, and securities regulators of other states, the federal government, and other jurisdictions (international).
This position participates in policy making within the DOI. Under the guidance of the General Counsel, the Deputy General Counsel assists with managing the preparation of regulatory approvals, formal and informal legal opinions, consent agreements, court documents, legislation, administrative hearing findings and decisions. The Deputy General Counsel is the primary administrator of the DOI's Legal Unit, and as such, is responsible for areas such as staff training and development, departmental policies and procedures, and staffing and other resource matters. The Deputy General Counsel may assist the General Counsel as the contact with the Attorney General's staff when representing the DOI or the Commissioner in litigation and as receiver.
In addition, the Deputy General Counsel oversees the Special Investigations Unit (SIU) which supports the Division's consumer protection mission. The SIU pursues allegations of misconduct by licensees through the review of documented evidence supporting allegations of unfair methods of competition, unfair and deceptive acts or trade practices and other violations of insurance law and regulations, often resulting in enforcement actions.
Duties and Responsibilities:(these duties are a general summary and not all inclusive):
- Review for legal sufficiency documents prepared by subordinate attorneys so that work products presented to General Counsel are complete, accurate and consistent in interpretation and finding with the insurance laws and regulations and DOI policy, and subject to final approval by the General Counsel, render intra-agency formal and informal legal opinions on any issue arising under the insurance laws or regulations administered and enforced by the DOI and provide legal information about the Commonwealth's insurance laws and regulations to other state and federal agencies, the Legislature and members of the public.
- Assist in managing the departmental administration and operations of the Legal Unit to ensure the Legal Unit is well-organized and able to meet its goals and objectives, including timely making and reviewing assignments and tasks to subordinate staff, evaluating subordinate staff, developing and communicating departmental policies and procedures and coordinating staff training, etc.
- Assist in the formulation and development of policy relating to the DOI's regulatory mission to ensure that DOI's policy initiatives accurately reflect applicable legal, financial and other factors.
- Oversee the Division's Special Investigations Unit, including supervising the Supervising Special Investigator, providing general direction for investigations and the overall functioning of the SIU, reviewing referrals to enforcement and ensuring that the SIU is well-organized and able to meet its goals and objectives.
- Conduct or oversee adjudicatory, administrative or regulatory proceedings on matters within the DOI's jurisdiction to ensure that legal and regulatory requirements for such proceedings are observed.
- Assist the General Counsel in coordinating the legal aspects of the takeover and liquidation of insolvent insurance companies and the rehabilitation of financially troubled companies, including conferring with the Office of the Attorney General in receivership proceedings.
- Confer and participate with the Office of the Attorney General in litigation involving the DOI to ensure the interests of the DOI are preserved and protected consistent with DOI's policies and with the insurance laws and regulations.
Preferred Knowledge, Skills, and Abilities:
- Extensive and thorough knowledge of insurance regulation, structure of insurance companies, licensed entities and legislative processes.
- Familiarity with the NAIC, principles of Massachusetts insurance and administrative law, public records and open meeting laws, other state's insurance codes and financial and accounting concepts.
- General management skills; ability to motivate staff to meet goals; ability to coordinate the efforts of others in accomplishing assigned work objectives.
- Well-developed oral and written communication skills.
- Ability to think critically, research and develop client-focused solutions for problem encountered.
- Ability to work in areas of confidentiality.
- Ability to prioritize workload in response to external pressures along with ability to plan, coordinate and oversee work process.
- Ability to formulate and implement plans, based upon legal precedent and policy objectives; ability to accomplish work objectives where few precedents or guidelines are available with appropriate guidance.
- Ability to complete assignments or reviews within strict time frames.
- Ability to articulate Division policies, positions and decisions of the Commissioner to senior personnel of large business organizations, law firms and state legislators.
- Graduate of an accredited law school and admitted to the Massachusetts bar with 5 to 7 years' experience in regulatory law and matters related to the insurance industry.
- Studies in public administration, financial analysis/accounting (or related field) and admission to the federal bar would be helpful.
All applicants should attach a cover letter and resume to their online submission for this position.
Qualifications
MINIMUM ENTRANCE REQUIREMENTS:
Applicants must have at least (A) six (6) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in business administration, business management, public administration, public management, clinical administration or clinical management of which (B) at least two (2) years must have been in a project management, supervisory or managerial capacity or (C) any equivalent combination of the required experience and substitutions below.
Substitutions:
I. A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience.
II. A Bachelor's degree in a related field may be substituted for two (2) years of the required (A) experience.
III. A Graduate degree in a related field may be substituted for three (3) years of the required (A) experience.
IV. A Doctorate degree in a related field may be substituted for four (4) years of the required (A) experience.
Comprehensive Benefits
When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.
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An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.
The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.