About

Bringing together practitioners and members of the judiciary, regulatory and academic communities, don’t miss:
• Updates: Case law, state agency employment, and workers’ comp issues
• The scope of protection afforded by sovereign immunity
• Select developments in occupational licensing
• A practical guide for using the Texas Public Information Act
...and much more!

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, July 27, 2006
    Presiding Officer:
    Roger B. Borgelt, Potts & Reilly, L.L.P. - Austin, TX
  • 9:30 am
    0.75 hr
    Section 2001.038 Declaratory Judgment Actions Challenging the Validity of a Rule: A Question of Timing

    Ronald Lynn Beal, Baylor Law School - Waco, TX

    This session will discuss the ability of a person to challenge the validity of a rule by way of a declaratory judgment action pursuant to the APA. Current case law will be reviewed demonstrating an inconsistency in interpretation by the 3rd Court of Appeals—as to when a declaratory judgment may proceed when there is a pending agency contested case proceeding or a final order rendered by the agency. The availability of a temporary injunction during the pendency of the declaratory judgment action will also be examined. A suggested resolution of the conflicting case law will be set forth and discussed.
  • 10:15 am
    0.50 hr
    Case Law Update

    Kerry McGrath, Clark Thomas & Winters PC - Austin, TX

    A summary of key issues involving administrative law over the past year.
  • 11:00 am
    0.75 hr
    State Agency Employment Issues

    Philip Durst, Deats Durst Owen & Levy, P.L.L.C. - Austin, TX

    A discussion of recent developments in employment law cases affecting government agencies including discrimination, whistleblowers, and what constitutes “adverse employment action.”
  • 11:45 am
    0.50 hr
    Workers Comp Update

    Jane Lipscomb Stone, Stone Loughlin & Swanson, LLP - Austin, TX

    An examination and exploration of how claims, reviews, and appeals are handled at the Texas Department of Insurance.
  • Thursday Afternoon, July 27, 2006
    Presiding Officer:
    Janet I. Monteros, Vista Health Plan, Inc - Austin, TX
  • 1:30 pm
    0.50 hr
    Agency Standing to Sue and Justiciability of Political Issues

    Kristofer S. Monson, Attorney General's Office - Austin, TX

    How do state and local entities achieve things in the courts that they could not otherwise achieve through their administrative processes?
  • 2:00 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.
  • 3:30 pm
    0.50 hr
    Select Developments in Occupational Licensing

    James Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX

    This presentation will review recent developments in the regulation of occupational licenses, with an emphasis on the licensees’ due process rights to meaningful notice at hearings.
  • 4:00 pm
    0.75 hr
    Effective Practice before the State Office of Administration Hearings

    Cathleen Parsley, St Ofc Administrative Hearings - Austin, TX

    What are the nuances of advocacy in contested case proceedings; do courtroom trial tactics work?
  • 4:45 pm
    0.75 hr
    Working with Legislative Oversight Committees

    Denise Davis, Texas Legislative Council/House Of Rep. - Austin, TX
    Anthony F. Haley, Haley, Romero & Winick - Austin, TX

    An administrative lawyer cannot ignore the legislature. The legislature exercises tremendous influence over agency rulemaking through its oversight powers, even after a bill has become law.
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, July 28, 2006
    Presiding Officer:
    William O. Coe, Clark Thomas & Winters - Austin, TX
  • 9:00 am
    0.50 hr
    An Agency’s Ability to Modify ALJ Findings Set Forth in a Proposal for Decision

    Ronald Lynn Beal, Baylor Law School - Waco, TX

    This session will discuss the power and limitations governing an agency’s ability to modify the findings of a SOAH ALJ’s proposal for decision. Section 2001.058(e) of the APA and other relevant statutes governing an agency’s power to render a final decision will be examined and analyzed, as well as recent case law decisions rendered by the 3rd Court of Appeals.
  • 9:30 am
    0.00 hr
    0.25 hr ethics
    A Practical Guide for Using the Texas Public Information Act Effectively and Efficiently

    Claude Robert Heath, Bickerstaff, Heath, Pollan & Caroom, L.L - Austin, TX

    The best practices for effective and efficient use of the Texas PIA from the perspectives of the requestor, the agency, and a non-governmental entity whose sensitive information is in the possession of a governmental body covered by the PIA.
  • 10:30 am
    0.00 hr
    0.25 hr ethics
    Shifting Gears: Protecting Confidential Information in Judicial Appeals of Agency Actions

    John F. Williams, Clark, Thomas & Williams - Austin, TX

    Texas administrative agencies often have rules and procedures for protecting the confidentiality of trade secrets and other proprietary information during the agency hearing process. This topic takes the next step, discussing the issues and practical solutions associated with maintaining confidentiality when the record from your contested case proceeding becomes the subject of a lawsuit.
  • 10:45 am
    1.00 hr
    Judges Panel

    Moderator:
    Steven Baron, Steven Baron Consulting and Legal Servic - Austin, TX
    Suzanne Covington, Austin, TX
    Nathan L. Hecht, Supreme Court Of Texas - Austin, TX
    Jan Patterson, 3rd Court Of Appeals - Austin, TX

    A distinguished panel of judges will share observations and respond to practitioners’ questions about effective advocacy and appellate/administrative law issues.
  • Friday Afternoon, July 28, 2006
    Presiding Officer:
    Laura L. Lavalle, Beveridge & Diamond, P.C. - Austin, TX
  • 1:00 pm
    1.00 hr
    Commissioners Panel: Effective Advocacy for Rulemaking and Other Agency Action

    Moderator:
    Roger B. Borgelt, Potts & Reilly, L.L.P. - Austin, TX
    Julie Caruthers Parsley, Public Utility Commission - Austin, TX
    Bruce A. Scudday, Texas State Board of Podiatric Medical E - El Paso, TX
    Larry R. Soward, TCEQ - Austin, TX

    What do commissioners at major representative agencies find persuasive in evaluating contested cases, rulemaking and other agency actions?
  • 2:00 pm
    0.00 hr
    0.25 hr ethics
    Considerations When Attorneys Submit and Certify Complex Factual Statements: How Much Diligence Is Due?

    Rodman C. Johnson, Brown McCarroll LLP - Austin, TX

    Discussion and analysis of an attorney’s ethical duties and obligations when submitting complex factual statements to agencies. How much diligence is due? What to advise your clients.
  • 2:30 pm
    0.00 hr
    1.25 hrs ethics
    Administrative Practice: Ethics and the Law Governing Lawyers

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

    This session covers the law governing lawyers, with particular focus on issues relevant to administrative practice, such as ex parte communications, privilege, conflicts, and more.

Conference Faculty

Steven Baron

Steven Baron Consulting and Legal Servic
Austin, TX

Ronald Lynn Beal

Baylor Law School
Waco, TX

James Bruce Bennett

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

Roger B. Borgelt

Potts & Reilly, L.L.P.
Austin, TX

Suzanne Covington

Austin, TX

Denise Davis

Texas Legislative Council/House Of Rep.
Austin, TX

Philip Durst

Deats Durst Owen & Levy, P.L.L.C.
Austin, TX

Anthony F. Haley

Haley, Romero & Winick
Austin, TX

Claude Robert Heath

Bickerstaff, Heath, Pollan & Caroom, L.L
Austin, TX

Nathan L. Hecht

Supreme Court Of Texas
Austin, TX

Rodman C. Johnson

Brown McCarroll LLP
Austin, TX

Kerry McGrath

Clark Thomas & Winters PC
Austin, TX

Kristofer S. Monson

Attorney General's Office
Austin, TX

Cathleen Parsley

St Ofc Administrative Hearings
Austin, TX

Julie Caruthers Parsley

Public Utility Commission
Austin, TX

Jan Patterson

3rd Court Of Appeals
Austin, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

Bruce A. Scudday

Texas State Board of Podiatric Medical E
El Paso, TX

Michael A. Shaunessy

Shaunessy & Burnett PC
Austin, TX

Larry R. Soward

TCEQ
Austin, TX

Jane Lipscomb Stone

Stone Loughlin & Swanson, LLP
Austin, TX

John F. Williams

Clark, Thomas & Williams
Austin, TX

Planning Committee

Steven Baron

Steven Baron Consulting and Legal Servic
Austin, TX

Ronald Lynn Beal

Baylor Law School
Waco, TX

Roger B. Borgelt

Potts & Reilly, L.L.P.
Austin, TX

William O. Coe

Clark Thomas & Winters
Austin, TX

Michael J Esposito

University Of Texas School Of Law
Austin, TX

Meitra Farhadi

Clark Thomas & Winters
Austin, TX

Anthony F. Haley

Haley, Romero & Winick
Austin, TX

Laura L. Lavalle

Beveridge & Diamond, P.C.
Austin, TX

Dudley D. McCalla

Heath Davis & McCalla
Austin, TX

David Mendez

Bickerstaff Heath Pollan & Caroom
Austin, TX

Janet I. Monteros

Vista Health Plan, Inc
Austin, TX

Katherine K. Mudge

Covad Communications
Austin, TX

William G. Newchurch

State Ofc Of Admin Hearings
Austin, TX

Linda I. Shaunessy

Attorney General's Office
Austin, TX

Wendy E. Wagner

UT Law School
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 27-28, 2006 – Radisson Hotel and Suites on Town Lake
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Dec 31, 1970

Add $50 for registrations received after this time

Last day for cancellation (full refund): Jul 21, 2006
Last day for cancellation (partial refund): Jul 24, 2006

$50 processing fee applied

Venue

speaker

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

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