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Sponsored by the Administrative and Public Law Section of the State Bar of Texas, Austin Bar Association Administrative Law Section, and The University of Texas School of Law
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2nd Annual

Advanced Texas Administrative Law Seminar

Austin Aug 30-31, 2007 Hyatt Regency Austin
Conference Concluded
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Overview

The Advanced Texas Administrative Law Seminar brings together practitioners and members of the judiciary, regulatory, and academic communities. Topics include state contracts and Chapter 2260 traps; privatization and limits on governmental outsourcing; legislative updates; rulemaking procedures; occupational licensing and criminal convictions; electronic discovery; executive order and powers of the Texas governor; new open government issues; practicing at SOAH; and much more. Earn up to 13.25 hours of credit, including 3.5 hours of ethics!

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Event Schedule

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

  • Day 1 August 30, 2007
  • Day 2 August 31, 2007
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 30, 2007
    Presiding Officer:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
  • 7:45 am
    Registration Opens
    Includes continental breakfast.

  • 8:15 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    Case Law Update
    A summary of key issues involving administrative law over the past year.

    Alessandra Ziek Beavers, 3rd Court of Appeals - Austin, TX
    David D. Dubose, 3rd Court of Appeals - Austin, TX
    Claire Dinsmoor East, Austin, TX

  • 9:15 am
    0.00 hr ethics
    State Contracting Block (9:15 a.m. – 11:30 a.m.)

  • 9:15 am
    0.50 hr
    State Procurement: Basic Requirements and Remedies
    This session will provide a general overview of the procurement options available to a state agency and remedies for the purchasing agency and the vendor community.

    Susan Ann Underwood Maldonado, Texas Facilities Commission - Austin, TX

  • 9:45 am
    0.75 hr
    State Contracts and Chapter 2260 Tricks and Traps
    Has Chapter 2260 been an effective answer for sovereign immunity in the break of contract context?

    Elizabeth G. Bloch, Brown McCarroll LLP - Austin, TX
    Hon. Catherine Clapsaddle Egan, State Office of Administrative Hearings - Austin, TX
    John M. Hohengarten, Attorney General's Office - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Policies Related to Privatization and Limits on Governmental Outsourcing
    Governments are using outsourcing more and more frequently, sometimes with good results, sometimes with disastrous results. What are the keys to making the outsourcing decision and being successful?

    Billy Hamilton, Billy Hamilton Consulting - Austin, TX

  • 11:15 am
    0.25 hr
    Risks and Liability of Outsourcing Governmental Functions
    Drawing from recent experience implementing complex outsourcing projects, this session will identify the legal and practical risks inherent in the contracting out of core governmental functions and offer advice on steps a public agency may take to mitigate such risks.

    Steve Aragón III, Tx Health & Human Services Com - Austin, TX

  • 11:30 am
    0.50 hr ethics
    Texas Ethics Commission and Lobbyist Registration
    Hey, fat cat! Your communications with the government might require you to register as a lobbyist with the Texas Ethics Commission.

    Andrew Steven Brown, Gray Cary Ware & Freidenrich LLP - Austin, TX

  • Thursday Afternoon, Aug. 30, 2007
    Presiding Officer:
    Kay Trostle, Casey & Gentz LLP - Austin, TX
  • 12:00 pm
    Pick up Box Lunch

  • 12:30 pm
    0.75 hr
    SOAH ALJs -- Litigating at SOAH

    Recurring evidentiary issues in administrative hearings at SOAH.

    Q&A (15 min) Written questions may be submitted with registration.

    Paper by: Dylan Owen Drummond

    Hon. Craig R. Bennett, State Office of Administrative Hearings - Austin, TX
    Commentator:
    Dylan Owen Drummond, Law Offices of Dylan Drummond - Austin, TX
    Hon. Wendy Kay Luersen Harvel, State Office of Administrative Hearings - Austin, TX
    Hon. Ami L. Larson, State Office of Administrative Hearings - Austin, TX
    Moderator:
    Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX

  • 1:30 pm
    0.50 hr
    Legislative Update
    A summary of selected legislation from the 80th Texas Legislature of interest to administrative law practitioners.

    Thomas M. Pollan, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

  • 2:00 pm
    0.50 hr
    Rulemaking Procedures: Voidable Rules and the Power of a Court to Remand Pursuant to § 2001.040
    This session will analyze the meaning and legal effect of a "voidable" rule versus a "void" rule. Under what circumstances an agency has the right to cure procedural deficiencies by requesting the court to remand such a "voidable" rule to the agency will be analyzed and discussed.

    Ron Lynn Beal, Baylor Law School - Waco, TX

  • 2:30 pm
    0.50 hr
    Occupational Licensing and Criminal Convictions
    This session will address barriers to obtaining occupational licenses faced by two million Texans with prior convictions and results of legislation on this subject that was considered during the 80th session.

    Susan Henricks, Hull Henricks & MacRae - Austin, TX
    Marc Aron Levin, Potts & Reilly, L.L.P. - Austin, TX

  • 3:00 pm
    0.50 hr
    Electronic Discovery in Administrative Proceedings
    The new federal electronic discovery rules should impact the way state agencies retain and produce information. This will affect your practice.

    Nanette K. Beaird, Gardere, Wynne, Sewell LLP - Austin, TX
    Edward D. Burbach, Gardere Wynne Sewell LLP - Austin, TX

  • 3:30 pm
    Break
    Break

  • 3:45 pm
    0.50 hr
    Executive Orders and the Powers of the Texas Governor
    A discussion of the constitutional role and power of the governor of Texas and analysis of the meaning of executive orders.

    F. Scott McCown, Austin, TX

  • 4:15 pm
    0.75 hr ethics
    Pro Bono Opportunities in CPS Cases
    Imagine being the subject of a lawsuit, being removed from your home, your school, your family, and your doctors. You may need an attorney to help you or at least a guardian to advocate for your best interest. The catch is you are a minor, with no money, no job, no legal authority to contract for your own services and you are a foster child. This presentation will let you hear first hand how a volunteer attorney's legal expertise can help.

    Hon. Darlene Byrne, Austin, TX
    Mary A. Keeney, Graves Dougherty Hearon & Moody PC - Austin, TX
    Khai Parker, Austin, TX
    Don E. Walden, Attorney at Law - Austin, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 31, 2007
    Presiding Officer:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
  • 7:45 am
    Breakfast Tacos
    Breakfast Tacos

  • 8:00 am
    Announcements
    Announcements

  • Ethics Block (8:15a.m. - 9:00a.m.)
    Ethics Block (8:15a.m. - 9:00a.m.)

  • 8:15 am
    0.25 hr
    Representing Candidates and Public Officials Before the Texas Ethics Commission
    From late filing penalties to sworn complaints, how to prepare and present your client's position is key to minimizing fines.

    Donna Garcia Davidson, Potts & Reilly LLP - Austin, TX

  • 8:30 am
    0.25 hr ethics
    Political Advertising
    This presentation will review regulations by the Texas Ethics Commission of governmental activities involving the use of public funds in political advertising and lobbying.

    David Mendez, Bickerstaff Heath Delgado Acosta - Austin, TX

  • 8:45 am
    0.25 hr ethics
    Conflict Rules and Statutes Applicable to Lobbyists
    Many lawyers practicing administrative law fail to recognize that their actions are triggering lobbyist registration requirements. Even among those who recognize the need to register, another pitfall awaits: the conflicts of interest rules are different.

    Patrick F. Thompson, Graves Dougherty Hearon & Moody PC - Austin, TX

  • 9:00 am
    0.50 hr
    Current Issues in Administrative Law

    Steven Baron, Consulting and Legal Services - Austin, TX

  • 9:30 am
    Break
    Break

  • 9:45 am
    0.75 hr
    0.25 hr ethics
    New Open Government Issues and Open Government Changes
    The Spirit or the Letter of the Law? Both the public and governmental bodies have developed strategies to deal with some of the more difficult issues in open government, i.e. smaller PIA requests to avoid costs and "meetings" between aides to board members. This topic will explore whether these strategies comply with the letter, if not the spirit, of the law.

    Jennifer Scott Riggs, Riggs, Aleshire & Ray P.C. - Austin, TX

  • 10:30 am
    0.50 hr
    15 Year Perspective on SOAH
    In 15 years, SOAH has become a prominent feature of the administrative law landscape.  This presentation will look back at the agency's beginning and trace its path to the present.

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

  • 11:00 am
    0.50 hr
    Hot Administrative Law Issues Pending on Appeal
    This session will examine the cases now making their way through the courts that are most likely to address important issues in administrative law.

    Linda Booth Secord, Office of the Attorney General - Austin, TX

  • 11:30 am
    Pick up Box Lunch

  • 11:45 am
    0.75 hr ethics
    Texas Lawyer's Assistance Program and Justice Mack Kidd Fund
    This session features a new video Practicing from the Shadows: Depression and the Legal Profession and information about the role and services of the Justice Mack Kidd Fund and the Texas Lawyer's Assistance Program.

    Hon. J. Woodfin (Woodie) Jones, 3rd Court of Appeals - Austin, TX
    Greg Miller, Austin, TX

  • Friday Afternoon, Aug. 31, 2007
    Presiding Officer:
    Kay Trostle, Casey & Gentz LLP - Austin, TX
  • 12:45 pm
    0.50 hr
    Collateral Estoppel, Administrative Adjudication, and Civil/Criminal Actions
    Ever worry how that agreed order in a SOAH hearing might affect a later civil or criminal action, or vice versa?

    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX

  • 1:15 pm
    0.50 hr
    UDJA and Administrative Law
    When is a UDJA statute or contract declaratory judgment better than an APA rule declaratory judgment?

    Pete Schenkkan, Graves Doughery Hearon & Moody, P.C. - Austin, TX

  • 1:45 pm
    0.50 hr ethics
    Ethical Obligations of Lawyers After Sarbanes Oxley
    This presentation will discuss how a lawyer's ethical obligations have changed since the passage of the Sarbanes-Oxley Act of 2002 and will address the ethical obligations of lawyers in both the public and private sectors.

    Jo Ann Biggs, Vinson & Elkins LLP - Dallas, TX

  • 2:15 pm
    0.75 hr
    Judicial Panel
    Appeals of Administrative Proceedings Before Travis County District Court, Third Court of Appeals and Supreme Court.

    Hon. Scott A. Brister, Supreme Court of Texas - Austin, TX
    Hon. G Alan Waldrop, Third Court of Appeals - Austin, TX
    Moderator:
    Hon. Penny Wilkov, State Office Of Admin Hearings - Austin, TX
    Hon. Stephen Yelenosky, 345th District Court - Austin, TX

  • 3:00 pm
    Adjourn
    Adjourn

  • Day 1 August 30, 2007
  • Day 2 August 31, 2007
Download Schedule

Conference Faculty

Steve Aragón III

Tx Health & Human Services Com
Austin, TX

Steven Baron

Consulting and Legal Services
Austin, TX

Nanette K. Beaird

Gardere, Wynne, Sewell LLP
Austin, TX

Ron Lynn Beal

Baylor Law School
Waco, TX

Alessandra Ziek Beavers

3rd Court of Appeals
Austin, TX

Hon. Craig R. Bennett

State Office of Administrative Hearings
Austin, TX

Jo Ann Biggs

Vinson & Elkins LLP
Dallas, TX

Elizabeth G. Bloch

Brown McCarroll LLP
Austin, TX

Hon. Scott A. Brister

Supreme Court of Texas
Austin, TX

Andrew Steven Brown

Gray Cary Ware & Freidenrich LLP
Austin, TX

Edward D. Burbach

Gardere Wynne Sewell LLP
Austin, TX

Hon. Darlene Byrne

Austin, TX

Donna Garcia Davidson

Potts & Reilly LLP
Austin, TX

Dylan Owen Drummond

Law Offices of Dylan Drummond
Austin, TX

David D. Dubose

3rd Court of Appeals
Austin, TX

Claire Dinsmoor East

Austin, TX

Hon. Catherine Clapsaddle Egan

State Office of Administrative Hearings
Austin, TX

Billy Hamilton

Billy Hamilton Consulting
Austin, TX

Hon. Wendy Kay Luersen Harvel

State Office of Administrative Hearings
Austin, TX

Susan Henricks

Hull Henricks & MacRae
Austin, TX

John M. Hohengarten

Attorney General's Office
Austin, TX

Hon. J. Woodfin (Woodie) Jones

3rd Court of Appeals
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody PC
Austin, TX

Hon. Ami L. Larson

State Office of Administrative Hearings
Austin, TX

Marc Aron Levin

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

Susan Ann Underwood Maldonado

Texas Facilities Commission
Austin, TX

F. Scott McCown

Austin, TX

David Mendez

Bickerstaff Heath Delgado Acosta
Austin, TX

Greg Miller

Austin, TX

Khai Parker

Austin, TX

Hon. Cathleen Parsley

State Office of Administrative Hearings
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Jason Ray

Riggs, Aleshire & Ray, P.C.
Austin, TX

Jennifer Scott Riggs

Riggs, Aleshire & Ray P.C.
Austin, TX

Pete Schenkkan

Graves Doughery Hearon & Moody, P.C.
Austin, TX

Linda Booth Secord

Office of the Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

Patrick F. Thompson

Graves Dougherty Hearon & Moody PC
Austin, TX

Don E. Walden

Attorney at Law
Austin, TX

Hon. G Alan Waldrop

Third Court of Appeals
Austin, TX

Hon. Penny Wilkov

State Office Of Admin Hearings
Austin, TX

Hon. Stephen Yelenosky

345th District Court
Austin, TX

Planning Committee

Jason Ray—Co-Chair

Riggs, Aleshire & Ray, P.C.
Austin, TX

J. Kay Trostle—Co-Chair

Smith Trostle LLP
Austin, TX

Don Ballard

Texas Workforce Commission
Austin, TX

Ron Lynn Beal

Baylor Law School
Waco, TX

Roger B Borgelt

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

Ann Bright

Texas Parks And Wildlife Department
Austin, TX

Hon. Darlene Byrne

Austin, TX

Dylan Owen Drummond

Law Offices of Dylan Drummond
Austin, TX

Kimberly Frost

Jack Martin & Associates
Austin, TX

Susan Henricks

Hull Henricks & MacRae
Austin, TX

John M. Hohengarten

Attorney General's Office
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody PC
Austin, TX

Janet I. Monteros

Attorney at law
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Pete Schenkkan

Graves Doughery Hearon & Moody, P.C.
Austin, TX

Linda Booth Secord

Office of the Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

Hon. Bea Ann Smith

3rd Court Of Appeals
Austin, TX

Don E. Walden

Attorney at Law
Austin, TX

Hon. G Alan Waldrop

Third Court of Appeals
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.25 hrs  |  3.50 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.
Other Credit
Toggle view TX Accounting CPE – 15.00 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.
Toggle view TX Professional Engineer – 0.00 hr
This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm

Key Dates

Austin – Aug 30-31, 2007 – Hyatt Regency Austin
Conference Concluded
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  • Austin
Standard Registration
Last day for $250.00 Regular pricing: Aug 24, 2007

$300.00 for registrations received after this time

Government Lawyer
Last day for $225.00 Regular pricing: Aug 24, 2007

$275.00 for registrations received after this time

Last day for cancellation (full refund): Aug 24, 2007

$50 processing fee applied after this date

Last day for cancellation: Aug 27, 2007

Venue

speaker

Hyatt Regency Austin

208 Barton Springs Road
Austin, TX
512.477.1234 (reservations)

Parking Information

$3.00 at the Hyatt; free parking in Embassy Suites lot across the street

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