Assistant Chief Counsel

Clarification from the agency

Applications will be accepted from any U.S. Citizen. This position is in the Excepted Service. For information on the Excepted Service, please visit: Excepted Service Appointing Authorities@ https://www.opm.gov/policy-data-oversight/hiring-information/excepted-service/

As an Assistant Chief Counsel, you will:

• Plan, direct and control legal services of the Division. Analyze activities and cases which involve extremely complex and novel legal questions or require a high order of originality and competence to resolve. Assign work to the Division attorneys for review and approval of legal opinions and decisions.
• Provide legal opinions and interpretations on statutes and regulations applicable to motor carrier operations and FMCSA enforcement  program and policies, including in the areas of safety, commercial, passenger carrier and hazardous materials regulation.
• Direct the work of subordinate legal professionals, reviews and edits draft documents, hires and trains new attorneys, and identifies opportunities for continued professional development.
• Coordinate judicial defense of FMCSA rulemaking and other final agency action through the DOT Office of General Counsel and U.S. Department of Justice.

The ideal candidate will have extensive experience researching, drafting and reviewing litigation filings and analyzing complex legal issues, and at least some experience arguing before judicial or administrative tribunals. The ideal candidate also will have demonstrated creativity in legal problem solving, worked directly with clients, and have strong emotional intelligence and people skills, and outstanding verbal and writing skills. He or she should be an effective communicator and advocate in formal and informal settings, in both large organizations and small groups. We are seeking a well- organized, highly intelligent, persuasive leader with experience supervising attorneys. Familiarity with the Administrative
Procedure Act and Federal rulemaking processes is valuable, and a general familiarity with FOIA, the Privacy Act and other statutes applicable to Federal agencies is also a plus. Knowledge of motor carrier or other transportation law is useful but not required.

Immerse yourself in the heart of interstate commercial truck and bus safety.  This opportunity for a mid-career attorney offers you the chance to serve the American people, lead a talented group of lawyers and paralegals, support mission-driven and highly energized program colleagues, master and improve a body of Federal regulations, and leave your mark on reauthorizing legislation.  Gain experience supervising and mentoring other professionals while continuing to keep your own legal skills sharp.  This job offers daily legal puzzles, engagement with Congress, the public and other external stakeholders, creative problem solving, limitless and unpredictable scenarios and hours of spirited debate over regulatory
operations and enforcement.  Please join us as we strive to keep our Nation’s roadways safe!

Conditions of employment

• You must be a U.S.Citizen and eligible for consideration.
• Submit application and resume online by 11:59 PM EST on the closing date.
• This is an Excepted Service position.
• Required documents must be submitted by the closing date.

CONDITIONS OF EMPLOYMENT: 

• SELECTIVE SERVICE: Males born after 12/31/59 must be registered for Selective Service.
• TRIAL PERIOD: This is an Excepted Service position. This job will be filled by an alternative hiring process and is not in the competitive service. Applicants selected for an excepted service position may be subject to a two-year trial period.
• ETHICS/CONFLICT OF INTEREST STATEMENT: All employees are subject to the Standards of Ethical Conduct for Employees of the Executive Branch, set out in Title 5 of the Code of Federal Regulations, section 2635, including restrictions on owning financial interests that may conflict with performance of their duties. Some employees, like those involved in contracting or regulating non-Federal entities, are subject to Executive Branch Financial Disclosure requirements set out in Title 5 of the Code of Federal Regulations, section 263.
• PCS/RELOCATION/RECRUITMENT:  Permanent Change of Station (PCS), Relocation, and Recruitment Incentive authorization varies by position/selection and a service agreement may be required.
• SCHEDULE POLICY/CAREER: As a condition of employment for accepting this position, you will be serving in a position in Schedule Policy/Career of the excepted service. You will obtain competitive status after two years of service in this position [if applicable]. Your employment in this position will be at-will. Merit Systems Protection Board (MSPB) appeals of adverse actions concerning performance, discipline, and other matters arising under chapters 23, 43, and 75 of title 5, United States Code will not be available to an individual serving in this position. Prohibitions on prohibited personnel practices will be enforced by the DOT Office of General Counsel and not the Office of Special Counsel. 

Qualifications

To qualify, your experience should include experience and education equal or equivalent to the following:

GRADE 15 - You must possess a law degree and bar membership in good standing.

• Experience interpreting and applying safety statutes and regulations and supporting development and /or implementation of national enforcement policies and guidance is highly relevant.
• Experience leading and/or supervising attorneys and other legal staff.

KNOWLEDGE, SKILLS AND ABILITIES (KSAs): Your qualifications will be evaluated on the basis of your level of knowledge, skills, abilities and/or competencies in the following areas:

• Legal, Government, and Jurisprudence - Knowledge of laws, legal codes, court procedures, precedents, legal practices and documents, Government regulations, Executive orders, agency rules, Government organization and functions, and the democratic political process.
• Leadership - Influences, motivates, and challenges others; adapts leadership styles to a variety of situations.
• Interpersonal Skills (‡) - Treats others with courtesy, sensitivity, and respect. Considers and responds appropriately to the needs and feelings of different people in different situations.
• Writing (*) - Recognizes or uses correct English grammar, punctuation, and spelling; communicates information (for example, facts, ideas, or messages) in a succinct and organized manner; produces written information, which may include technical material, that is appropriate for the intended audience.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social).  Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment.  You will receive credit for all qualifying experience, including volunteer experience.

For additional information about applying to Federal positions, please click on the following link:  https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-policies/#url=e4

All applicants must meet all qualification requirements by the closing date of this announcement.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

DESCRIBING YOUR EXPERIENCE: PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume/ application does not support your questionnaire answers, we will not allow credit for your response(s). Your resume must contain sufficiently detailed information upon which to make a qualification determination. Please ensure that your resume contains specific information such as position titles, beginning and ending dates of employment for each position, average number of hours worked per week, and if the position is/was in the Federal government, you should provide the position series and grade level

For this announcement, all applicants will be reviewed to determine if they meet the basic qualifications for this position, specifically the educational and specialized experience requirements.

Applicants will not be rated or ranked.

All applications that are verified to meet the basic qualifications will be referred to the selecting official.

The answers you select in the on-line process must be substantiated in your application package.  If upon review, it is determined that your described work history, competencies, and/or supporting documents do not support your answer choices, you may not be referred to the selecting official. Please ensure that your work history provides enough details to support your answers.

The following is a list of documents that are only required based on the type of position. Please review each of the following sections to determine which documents you need to provide with your application.

RESUME: In accordance with the OPM memorandum titled Merit Hiring Plan, dated May 29, 2025, resumes with a maximum of two (2) pages in length will be accepted as part of your application.  These should be legible and in a readable font size. A determination of your eligibility and/or qualifications will be based only on those two (2) pages. 

Your resume MUST contain specific information that can be used to make a qualification determination, including employment beginning and ending dates for each position, whether employment is Full-time or Part-time, or average number of hours worked per week,  and position titles.  If the position is/was in the Federal government, you will need to provide the position series and grade level.  The resume should show relevant experience and education, as well as support the required specialized experience.

For assistance with the resume builder, please visit:  https://help.usajobs.gov/

COMPLETED QUESTIONNAIRE.

PROOF OF BAR MEMBERSHIP: Must currently be a member in good standing of the bar of a State or Territory of the United States or the District of Columbia.  

TRANSCRIPTS - Transcripts are REQUIRED as there is a stated education requirement for the series. The transcripts need not be official, but must show that you meet the stated education requirements, including specific major or class requirements. A listing of these accredited organizations can be found on the Department of Education's website - click here. 

WRITING SAMPLE: If selected for an interview, a writing sample may be requested.

VETERANS: Department of Transportation attorney positions are in the excepted service, not the competitive civil service. There is no formal rating system for applying veterans’ preference to attorney appointments in the excepted service; however, the Department of Transportation considers veterans’ preference eligibility as a positive factor in the attorney hiring process. If you are eligible for veterans’ preference in hiring, you are encouraged to include that information in your application along with supporting documentation, e.g., SF15, DD214, Certificate of Release or Discharge from Active Duty, or other supporting documentation.

Failure to submit any of the required documents by the closing date of the vacancy will result in your removal from consideration for this position. Please review your application prior to final submission and ensure you have submitted all appropriate documents. Uploading documents to USAJobs does NOT ensure inclusion with your application to our system.  You must verify that the documents are in the system with your application prior to final submission.

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