About

This conference brings together practitioners and members of the judiciary, regulatory and academic communities.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, July 28, 2005
    Presiding Officer:
    Robin A. Melvin, Graves Dougherty Hearon & Moody - Austin, TX
  • 9:15 am
    1.00 hr
    The Constitutional Underpinnings of Administrative Law

    Ron Beal, Baylor Law School - Waco, TX

    This session will discuss separation of powers and delegation plus a special discussion of the Constitutional underpinnings of due process standards for public participation in hearings and rulemaking.
  • 10:15 am
    1.00 hr
    Working with Texas Administrative Procedures Act ( APA )

    Dudley D. McCalla, Heath Davis & McCalla - Austin, TX
    Robin A. Melvin, Graves Dougherty Hearon & Moody - Austin, TX

    This session opens with an interview of Dudley McCalla, who played a key role in the development of the Administrative Procedures Act in Texas. The presentation will focus on the factors that led to the adoption of the original Texas APA 30 years ago, the changes to the APA since that time, and the application of the APA to rulemakings and contested cases today.
  • 11:30 am
    0.75 hr
    Public Participation in Contested Cases in Texas—Permitting and Enforcement

    Jeffrey Civins, Haynes And Boone, LLP - Austin, TX

    This article discusses the right of the public to participate in state penalty and enforcement contested case hearings, focusing on programs administered by the TCEQ.
  • Thursday Afternoon, July 28, 2005
    Presiding Officer:
    Janet I. Monteros, Vista Health Plan, Inc - Austin, TX
  • 1:30 pm
    1.25 hrs
    Sovereign Immunity

    Michael A. Shaunessy, Shaunessy & Burnett PC - Austin, TX

    Discussion of the scope of protection afforded by sovereign immunity, how sovereign immunity can be waived and what claims can be maintained against governmental entities/officials without obtaining a waiver of immunity. The presentation will address recent developments in the area of immunity, particularly focusing on contract claims, claims for injunctive relief as well as tort claims.
  • 2:45 pm
    0.75 hr
    Delegations to SOAH—Hearings, Final Decisions and Overturning an ALJ Recommendation

    James H. Barkley, Baker Botts - Houston, TX

  • 3:45 pm
    0.75 hr
    Judicial Deference to Administrative Action

    Gerald J. Pels, Locke Liddell & Sapp LLP - Houston, TX

    This presentation focuses on the parameters of Chevron deference including effect on delegated actions. In addition, doctrines of state deference are examined. The presentation concludes with an analysis concerning whether greater judicial oversight is warranted in light of Chevron’s broad parameters.
  • 4:30 pm
    0.50 hr
    How to Avoid the Tricks, Traps and Pitfalls of Obtaining Judicial Review

    Lino Mendiola III, Andrews & Kurth LLP - Austin, TX

    An unwary litigant can easily succumb to various pitfalls in his or her efforts to obtain judicial review of contested administrative decisions. This presentation will show you how to avoid some of the most common and dangerous errors in your quest to obtain judicial review.
  • 5:00 pm
    0.50 hr
    Rulemaking—How to Make and Challenge Rulemaking

    David C. Mattax, Office Of The Attorney General - Austin, TX

    Rulemaking requirements and statutory effect of failure to follow rulemaking requirements.
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, July 29, 2005
    Presiding Officer:
    Celina Romero, Clark Thomas & Winters - Austin, TX
  • 9:00 am
    1.00 hr
    Legislative Update Panel

    Roger B. Borgelt, Potts & Reilly LLP - Austin, TX
    Katherine K. Mudge, Covad Communications - Austin, TX
    Celina Romero, Clark Thomas & Winters - Austin, TX
    Donald N. Walker, Attorney at Law - Austin, TX

    How did the 79th legislature affect the major areas of administrative practice? Several experienced practitioners will review the results.
  • 10:00 am
    0.50 hr
    Uses and Abuses of Declaratory Judgments in Suits Involving the Judicial Review of Contested Cases

    Ray H. Langenberg, Scott, Douglass & McConnico - Austin, TX

    Exploring the limits of declaratory judgment or a tool for judicial review of agency actions.
  • 10:45 am
    0.50 hr
    Open Records—“Protecting Your (Third Party) Confidential Information”

    Kimberly Frost, Vinson & Elkins LLP - Austin, TX

    Best practices for submitting information to a governmental body and defending against its disclosure in response to a request under the Texas Public Information Act.
  • 11:15 am
    0.50 hr
    Parliamentary Based Legal Challenges to Administrative Statutes

    Deborah Lynn Fulton, Texas Legislative Council - Austin, TX
    Anthony F. Haley, Haley Romero Winick & Kroll, Inc. - Austin, TX

    Knowing how the sausage was made is useful in determining legislative intent. Familiarity with rules governing the legislative process is necessary to unravel the mysteries of the record and to successfully challenge agency decisions. Related ethical and professional practice issues will also be covered.
  • Friday Afternoon, July 29, 2005
    Presiding Officer:
    Celina Romero, Clark Thomas & Winters - Austin, TX
  • 1:00 pm
    1.25 hrs
    Conflicts and Other Ethical Issues Faced by Administrative Lawyers

    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

    A leading authority on professional practice and conflicts explores conflicts in the context of an administrative law practice.
  • 2:15 pm
    1.00 hr
    Judges Panel

    Margaret A. Cooper, Austin, TX
    David C. Duggins, Clark Thomas & Winter PC - Austin, TX
    Jan Patterson, 3rd Court Of Appeals - Austin, TX
    Hon. Bea Ann Smith, 3rd Court Of Appeals - Austin, TX

    Trial court and appellate judges discuss the practical application of constitutional law principles to administrative law cases.

Conference Faculty

James H. Barkley

Baker Botts
Houston, TX

Ron Beal

Baylor Law School
Waco, TX

Roger B. Borgelt

Potts & Reilly LLP
Austin, TX

Jeffrey Civins

Haynes And Boone, LLP
Austin, TX

Margaret A. Cooper

Austin, TX

David C. Duggins

Clark Thomas & Winter PC
Austin, TX

Kimberly Frost

Vinson & Elkins LLP
Austin, TX

Deborah Lynn Fulton

Texas Legislative Council
Austin, TX

Anthony F. Haley

Haley Romero Winick & Kroll, Inc.
Austin, TX

Ray H. Langenberg

Scott, Douglass & McConnico
Austin, TX

David C. Mattax

Office Of The Attorney General
Austin, TX

Dudley D. McCalla

Heath Davis & McCalla
Austin, TX

Robin A. Melvin

Graves Dougherty Hearon & Moody
Austin, TX

Lino Mendiola III

Andrews & Kurth LLP
Austin, TX

Katherine K. Mudge

Covad Communications
Austin, TX

Jan Patterson

3rd Court Of Appeals
Austin, TX

Gerald J. Pels

Locke Liddell & Sapp LLP
Houston, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

Celina Romero

Clark Thomas & Winters
Austin, TX

Michael A. Shaunessy

Shaunessy & Burnett PC
Austin, TX

Hon. Bea Ann Smith

3rd Court Of Appeals
Austin, TX

Donald N. Walker

Attorney at Law
Austin, TX

Planning Committee

Steve Baron

Consulting and Legal Services
Austin, TX

Roger B. Borgelt

Potts & Reilly LLP
Austin, TX

Edna Ramon Butts

Office of the Attorney General, State of
Austin, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Anthony F. Haley

Haley Romero Winick & Kroll, Inc.
Austin, TX

Dudley D. McCalla

Heath Davis & McCalla
Austin, TX

Robin A. Melvin

Graves Dougherty Hearon & Moody
Austin, TX

Janet I. Monteros

Vista Health Plan, Inc
Austin, TX

Katherine K. Mudge

Covad Communications
Austin, TX

Celina Romero

Clark Thomas & Winters
Austin, TX

Linda I. Shaunessy

Attorney General's Office
Austin, TX

Jesús Sifuentes

Sifuentes, Drummond & Smith, L.L.P.
Austin, TX

Donald N. Walker

Attorney at Law
Austin, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Key Dates

Austin – Jul 28-29, 2005 – Hyatt Regency Austin
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Jul 20, 2005

Add $50 for registrations received after this time

Last day for cancellation (full refund): Jul 22, 2005
Last day for cancellation (partial refund): Jul 25, 2005

$50 processing fee applied

Venue

speaker

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

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