Specific Responsibilities of OLC

OLC has the following responsibilities:

• Represent the Department and its officers and employees before administrative tribunals.

• Act as liaison to the Department of Justice or the U.S. Attorney’s Office in litigation in court cases.

• Advise the Secretary and Deputy Secretary on the legal impact of Departmental policy matters, pending litigation, contracts, federal grants and other matters.

• Render interpretations and provide advice for Department officials and staff concerning Departmental Rules, regulations, court decisions, and legal documents affecting the Department.

• Write legal opinions, memoranda, correspondence and various legal documents for the Department.

• Draft Department contracts, review Department contracts drafted by program personnel, and, where necessary, assist in negotiations for contract language.

• Provide advice and counsel concerning Department legal positions to judges, district attorneys, county corporation counsel, and other governmental legal representatives including other state agencies, Indian tribes and the Federal Government.  Coordinate Department legal relationships with local, state, tribal and federal officials.

• Assist in drafting proposed legislation and rules, as well as review proposed legislation to determine the potential legal impact on the Department.

• Appear in court on behalf of the Department when directed by the Governor, under arrangement with the Department of Justice, or in other cases authorized by law.

• Supervise investigations by the programs as necessary.

• Interview and prepare witnesses for depositions, administrative hearings or other litigation.

• Identify legal questions that necessitate an opinion of the Attorney General and prepare requests for the Department.

Statutory Subject Areas of OLC

The subject areas OLC addresses include the following state statue chapters, as well as their corresponding administrative rules and federal regulations:

• Chapter 46: Social Services
• Chapter 48: Children’s Code
• Chapter 49: Public Assistance
• Chapter 50: Uniform Licensure
• Chapter 51: State Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act
• Chapter 55: Protective Service System
• Chapter 69: Collection Of Statistics
• Chapter 111: Employment Relations
• Chapter 146: Miscellaneous Health Provisions
• Chapter 150: Regulation Of Health Services
• Chapter 153: Health Care Information
• Chapter 227: Administrative Procedure And Review
• Chapter 230: State Employment Relations
• Chapter 250: Health, Administration And Supervision
• Chapter 251: Local Health Officials
• Chapter 252: Communicable Diseases
• Chapter 254: Environmental Health
• Chapter 255: Chronic Disease And Injuries
• Chapter 767: Actions Affecting The Family
• Chapter 880: Guardians And Wards
• Chapter 980: Sexually Violent Person Commitments

Contested Matters Handled by OLC

OLC represents the Department in contested hearings. The types of regulatory actions and contested matters OLC is involved in include the following:

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Last Revised:  June 21, 2000