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Presented by
Administrative and Public Law Section of the State Bar of Texas
The University of Texas School of Law

Conference art

7th Annual

Advanced Texas Administrative Law Seminar

Austin Aug 30-31, 2012 Sheraton Austin Hotel at the Capitol
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Overview

The Advanced Texas Administrative Law Seminar brings together members of the judiciary, regulatory and academic communities with practitioners for discussion of the latest rule changes, case law updates, and more – and offers 3.25 ethics hours.

Don’t miss exceptional speakers, timely topics and robust materials.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 August 30, 2012
  • Day 2 August 31, 2012
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 30, 2012
    Presiding Officer:
    James W. Checkley Jr., Cross Texas Transmission, LLC - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • RECENT CASE DEVELOPMENTS

  • 9:00 am
    0.50 hr
    Open Government
    An examination of recent developments in the Open Meetings Act and Public Information Act and their impact on practitioners and governmental agencies.

    G. Alan Waldrop, Locke Lord LLP - Austin, TX
    Lori Anne Fixley Winland, Locke Lord LLP - Austin, TX

  • 9:30 am
    0.75 hr
    Motions for Rehearing
    An examination of recent decisions concerning motions for rehearing of final agency orders and the need, if any, for amendments to the provisions of the Texas APA that govern the filing and disposition of such motions.

    J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
    Dudley D. McCalla, Of Counsel, Jackson Walker L.L.P. - Austin, TX

  • 10:15 am
    0.50 hr
    Judicial Deference to an Agency's Statutory Interpretation
    When reviewing agency decisions, Texas courts often state that the agency's statutory interpretation is entitled to "serious consideration." What exactly does that mean? How much deference is given to the agency? What factors bear on the degree of deference? When is deference not given? This presentation examines last year's opinion by the Texas Supreme Court in Railroad Commission v. Texas Citizens for a Safe Future and Clean Water and how post-Texas Citizens cases have dealt with the issue.

    Steven Baron, Consulting and Legal Services - Austin, TX

  • 10:45 am
    Break

  • 11:00 am
    0.50 hr
    The Right to a Contested Case
    A discussion of developments in the law on the right to obtain a contested case hearing, including standing as an affected person.

    Susan G. Conway, Graves Dougherty Hearon & Moody - Austin, TX

  • 11:30 am
    0.50 hr
    Sovereign Immunity, Takings, Claims and Ultra Vires Doctrine
    An examination of recent Supreme Court decisions on sovereign immunity and the viability of takings claims and the ultra vires doctrine to overcome governmental immunity from suit.

    Mary A. Keeney, Graves Dougherty Hearon & Moody - Austin, TX

  • 12:00 pm
    0.50 hr
    Evidentiary Mistakes to Avoid
    A discussion of common mistakes made by attorneys in administrative hearings.

    Hon. Craig R. Bennett, State Office of Administrative Hearings - Austin, TX

  • Thursday Afternoon, Aug. 30, 2012
    Presiding Officer:
    Linda B. Secord, Office of the Attorney General - Austin, TX
  • 12:30 pm
    Pick up Box Lunch

  • LUNCHEON PRESENTATION

  • 12:45 pm
    0.75 hr
    SOAH Update

    Hon. Cathleen Parsley, State Office of Administrative Hearings - Austin, TX

  • 1:30 pm
    Break

  • 1:45 pm
    0.75 hr
    Government Pre-Suit Investigative Powers
    Legal and practical issues in responding to Attorney General investigative demands and state agency investigatory requests for information are covered.

    James Edward Davis, Locke Lord LLP - Austin, TX
    Jon Lelton Gillum, Locke Lord LLP - Austin, TX

  • 2:30 pm
    1.00 hr
    0.50 hr ethics
    General Counsel Roundtable
    This panel discussion focuses on issues beyond the APA, such as transparency, appropriations and legislative issues, including a discussion of ethical issues such as identifying the client and balancing the roles of advocate and advisor.

    Moderator:
    Ann Bright, Texas Parks and Wildlife Department - Austin, TX
    Panelists:
    Steve Aragon III, Texas Health and Human Services Commission - Austin, TX
    Panelists:
    Kimberly L. Kiplin, Austin, TX
    Panelists:
    Leslie Brad Trobman, Texas Commission on Environmental Quality - Austin, TX
    Panelists:
    William F. Warnick, Texas General Land Office - Austin, TX

  • 3:30 pm
    Break

  • 3:45 pm
    0.50 hr
    The Yeses, Nos and Who Knows to a Protest Proceeding Involving a Permit or License from TABC
    Fundamentals regarding a protest to the application or renewal of a license before a county judge or a permit before the State Office of Administrative Hearings (SOAH).

    Emily E. Helm, Texas Alcoholic Beverage Commission - Austin, TX
    John William Sedberry, Texas Alcoholic Beverage Commission - Austin, TX
    Panelist:
    Judith L. Kennison, Texas Alcoholic Beverage Comm - Austin, TX

  • 4:15 pm
    1.00 hr ethics
    What Judges Think of Litigation Ethics: A Survey of State and Federal Opinions
    What judges think of lawyer conduct.

    Claude E. Ducloux, Hill, Ducloux, Carnes & de la Garza - Austin, TX

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 31, 2012
    Presiding Officer:
    J. Kay Trostle, Smith Trostle & Huerta LLP - Austin, TX
  • 8:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 9:00 am
    0.50 hr
    Electronic Confidentiality Issues in the Practice of Law
    Coverage of the ABA Commission on Ethics 20/20 work papers on technology and confidentiality, including a practitioner's duty to prevent inadvertent and unauthorized disclosures and unauthorized access to information relating to representation of client, in light of Texas Disciplinary Rules of Professional Conduct Rule 1.05.

    Janet I. Monteros, El Paso County Attorney's Office - El Paso, TX

  • 9:30 am
    0.75 hr ethics
    Pro Bono Opportunities in Administrative Law
    This session explores the variety of administrative law related pro bono opportunities available for attorneys including an attorney's ethical obligation to provide pro bono services.

    Steven P. Elliot, Volunteer Legal Services of Central Texas - Austin, TX
    Susan Henricks, Hull Henricks LLP - Austin, TX
    Paul D. Trahan, Fulbright & Jaworski, L.L.P. - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    1.00 hr ethics
    The Texas Attorney Discipline Process
    An overview of the Texas attorney discipline process, current issues and resources available to assist attorneys in their practice.

    Linda A. Acevedo, State Bar of Texas - Austin, TX
    Laura Kathryn Bayouth Popps, State Bar of Texas - Austin, TX

  • 11:30 am
    0.50 hr
    E-Discovery: Issues and Practical Management Strategies
    This presentation identifies developing issues in E-Discovery and presents some practical management strategies to address those issues.

    Matthew C. Henry, Vinson & Elkins LLP - Dallas, TX

  • Friday Afternoon, Aug. 31, 2012
    Presiding Officer:
    Kimberly L. Kiplin, Austin, TX
  • 12:00 pm
    Pick up Lunch Buffet

  • LUNCHEON PRESENTATION

  • 12:15 pm
    0.50 hr
    Hot Topics Facing the 83rd Legislature
    Compelling government regulation and operations issues face the 83rd Legislature. Budget, public education, higher education, juvenile justice reform will be front and center. Other lesser-known issues are lining up for attention through interim committee work including state agency procurement and more.

    Sherri R. Greenberg, The University of Texas at Austin - Austin, TX

  • 12:45 pm
    Break

  • 1:00 pm
    1.00 hr
    Should SOAH Make Final Decisions?
    Legislation has been proposed in the last three sessions of the Texas Legislature that would give SOAH authority to issue final orders in certain contested cases. The presenters provide historical context of the development of decision making authority in Texas administrative law jurisprudence, and discuss the pros and cons of assigning final decision making authority to SOAH. Time is available for your questions at the end of the presentation.

    Panelists:
    John M. Hohengarten, Office of the Attorney General - Austin, TX
    Panelists:
    Dudley D. McCalla, Of Counsel, Jackson Walker L.L.P. - Austin, TX
    Panelists:
    Jon Eugene Porter Jr., McDonald Mackay & Weitz LLP - Austin, TX

  • 2:00 pm
    0.75 hr
    Who's the Prevailing Party?
    The 82nd Legislature amended Labor Code §413.0312, relating to review of medical fee disputes, to require the State Office of Administrative Hearings (SOAH) to identify the "non-prevailing" party, from whom the Texas Department of Insurance - Division of Workers' Compensation will collect the costs of services provided to SOAH. The term "non-prevailing party" is not defined in the Texas Labor Code or the Texas Administrative Code. This topic explores the concept of prevailing parties under this statute and others providing for fee shifting in administrative law proceedings, along with some practical aspects of this recent development.

    Thomas B. Hudson Jr., Graves Dougherty Hearon & Moody - Austin, TX

  • 2:45 pm
    1.00 hr
    Judicial Panel
    Panelists engage in a round-robin discussion and respond to participants in a short, structured Q&A. 

    Moderator:
    Hon. Hunter W. Burkhalter, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Hon. Debra Lehrmann, Supreme Court of Texas - Austin, TX
    Panelists:
    Hon. Bob Pemberton, Third Court of Appeals - Austin, TX
    Panelists:
    Hon. Timothy M. Sulak, 353rd Judicial District Civil Court - Austin, TX

  • 3:45 pm
    Adjourn

  • Day 1 August 30, 2012
  • Day 2 August 31, 2012
Download Schedule

Conference Faculty

Linda A. Acevedo

State Bar of Texas
Austin, TX

Steve Aragon III

Texas Health and Human Services Commission
Austin, TX

Steven Baron

Consulting and Legal Services
Austin, TX

Laura Kathryn Bayouth Popps

State Bar of Texas
Austin, TX

Hon. Craig R. Bennett

State Office of Administrative Hearings
Austin, TX

J. Bruce Bennett

Cardwell, Hart & Bennett, L.L.P.
Austin, TX

Ann Bright

Texas Parks and Wildlife Department
Austin, TX

Hon. Hunter W. Burkhalter

State Office of Administrative Hearings
Austin, TX

Susan G. Conway

Graves Dougherty Hearon & Moody
Austin, TX

James Edward Davis

Locke Lord LLP
Austin, TX

Claude E. Ducloux

Hill, Ducloux, Carnes & de la Garza
Austin, TX

Steven P. Elliot

Volunteer Legal Services of Central Texas
Austin, TX

Jon Lelton Gillum

Locke Lord LLP
Austin, TX

Sherri R. Greenberg

The University of Texas at Austin
Austin, TX

Emily E. Helm

Texas Alcoholic Beverage Commission
Austin, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

Matthew C. Henry

Vinson & Elkins LLP
Dallas, TX

John M. Hohengarten

Office of the Attorney General
Austin, TX

Thomas B. Hudson Jr.

Graves Dougherty Hearon & Moody
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody
Austin, TX

Judith L. Kennison

Texas Alcoholic Beverage Comm
Austin, TX

Kimberly L. Kiplin

Austin, TX

Hon. Debra Lehrmann

Supreme Court of Texas
Austin, TX

Dudley D. McCalla

Of Counsel, Jackson Walker L.L.P.
Austin, TX

Janet I. Monteros

El Paso County Attorney's Office
El Paso, TX

Hon. Cathleen Parsley

State Office of Administrative Hearings
Austin, TX

Hon. Bob Pemberton

Third Court of Appeals
Austin, TX

Jon Eugene Porter Jr.

McDonald Mackay & Weitz LLP
Austin, TX

John William Sedberry

Texas Alcoholic Beverage Commission
Austin, TX

Hon. Timothy M. Sulak

353rd Judicial District Civil Court
Austin, TX

Paul D. Trahan

Fulbright & Jaworski, L.L.P.
Austin, TX

Leslie Brad Trobman

Texas Commission on Environmental Quality
Austin, TX

G. Alan Waldrop

Locke Lord LLP
Austin, TX

William F. Warnick

Texas General Land Office
Austin, TX

Lori Anne Fixley Winland

Locke Lord LLP
Austin, TX

Planning Committee

James W. Checkley Jr.—Chair

Cross Texas Transmission, LLC
Austin, TX

Steven Baron

Consulting and Legal Services
Austin, TX

J. Bruce Bennett

Cardwell, Hart & Bennett, L.L.P.
Austin, TX

Ann Bright

Texas Parks and Wildlife Department
Austin, TX

Lou Bright

Attorney at Law
Austin, TX

James Edward Davis

Locke Lord LLP
Austin, TX

Kimberly A. Frost

Jack Martin & Associates
West Lake Hills, TX

Jon Lelton Gillum

Locke Lord LLP
Austin, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Third Court of Appeals
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody
Austin, TX

Kimberly L. Kiplin

Austin, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Dudley D. McCalla

Of Counsel, Jackson Walker L.L.P.
Austin, TX

Janet I. Monteros

El Paso County Attorney's Office
El Paso, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Linda B. Secord

Office of the Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

J. Kay Trostle

Smith Trostle & Huerta LLP
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.25 hrs  |  3.25 hrs Ethics
Legal Specialization(s): Administrative Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 13.25 hrs  |  3.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 15.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Aug 30-31, 2012 – Sheraton Austin Hotel at the Capitol
Conference Concluded
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  • Austin
Standard Registration
Last day for $395.00 Regular pricing: Aug 24, 2012

$445.00 for registrations received after this time

Government Lawyer
Last day for $180.00 Regular pricing: Aug 24, 2012

$230.00 for registrations received after this time

Last day for cancellation (full refund): Aug 24, 2012

$50 processing fee applied after this date

Last day for cancellation: Aug 27, 2012

Venue

speaker

Sheraton Austin Hotel at the Capitol

701 E. 11th Street
Austin, TX 78701
512-478-1111
1-888-627-8349 (reservations)
Map

Accommodations

$0.00 good through Aug 30, 2012

Parking Information

$5 Daily Self-Parking

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