About

The Advanced Texas Administrative Law Seminar brings together practitioners and members of the judiciary, regulatory, and academic communities. Hear relevant presentations and meet with experienced practitioners and judges—and get 14 MCLE credit hours at a low registration price!

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 28, 2008
    Presiding Officer:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
  • 7:30 am
    Registration Opens

    Continental breakfast included in conference registration.
  • 8:15 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    Case Law Update

    Alessandra Ziek Beavers, 3rd Court of Appeals - Austin, TX
    David D. Dubose, 3rd Court of Appeals - Austin, TX
    Ryan D. V. Greene, 3rd Court of Appeals - Austin, TX

    A summary of key cases involving administrative law over the past year.
  • 9:15 am
    0.50 hr
    Third Party Issues Under the PIA: Protecting Trade Secrets & Competitive Information

    Susan Denmon Gusky, Vinson & Elkins L.L.P - Austin, TX

    Discussion of PIA protections for third party information; protecting information upon submission to a government body; participating in requests for AG rulings and suing under the PIA to protect proprietary information.
  • 9:45 am
    0.50 hr
    Open Records: New Developments and Recurring Issues in Public Information Act Requests

    Amanda E. Crawford, Office of the Attorney General - Austin, TX

    This session will discuss recent developments in open records laws and explain how governmental bodies can draft effective briefs to the Office of the Attorney General as required by section 552.301 of the Public Information Act.
  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Official and Unofficial Attorney General Opinions, Letter Rulings, and Open Records Decisions

    Jason Everett Boatright, Texas Attorney General - Austin, TX
    Claude Robert Heath, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    A discussion of the various Attorney General rulings and opinions, the jurisprudential significance of each, who may request such rulings, and time frames for issuance.
  • 11:15 am
    0.75 hr
    Civil Investigative Demands

    Roger B. Borgelt, Potts & Reilly LLP - Austin, TX
    C. Brad Schuelke, Office of The Attorney General - Austin, TX

    Civil Investigative Demands are an investigative and enforcement tool of the Office of the Attorney General. The session will cover: What are they? What does your client have to do if he is the subject of one? What are the potential consequences? What is negotiable?
  • Thursday Afternoon, Aug. 28, 2008
    Presiding Officer:
    Kimberly A. Frost, Jack Martin & Associates - Austin, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch

  • 12:30 pm
    0.75 hr
    Tax Proceedings at SOAH

    Hon. Peter Brooks, State Office of Administrative Hearings - Austin, TX

  • 1:15 pm
    0.75 hr
    Informal Proceedings at State Agencies

    Michael C. Crowley, Office of the Attorney General - Austin, TX
    Amanda Jean Ellis, Office of the Attorney General - Austin, TX
    Moderator:
    Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX

  • 2:00 pm
    0.50 hr
    Primary and Exclusive Agency Jurisdiction: Impact on Court Litigation

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

    Primary or exclusive agency jurisdiction can prevent, delay, or determine the outcome of court litigation. This session will provide an overview of the applicable doctrines and their current impact in selected practice areas.
  • 2:30 pm
    0.50 hr
    Changing Findings of Fact and Conclusions of Law

    Don E. Walden, Attorney at Law - Austin, TX

    Legal restrictions on the ability of agencies to change an ALJ's findings of fact and conclusions of law
  • 3:00 pm
    Break

  • 3:15 pm
    0.50 hr
    Advanced Discovery Issues

    Kathleen E. Magruder, Brown McCarroll - Houston, TX

    How does the APA synch with the TRCP in administrative proceedings? How do you deal with matters such as issuance of subpoenas, non-party discovery, protective orders in contested cases, and cost recovery?
  • 3:45 pm
    0.50 hr ethics
    The 'Rambo' Litigator in the Administrative Case

    Dewey E. Helmcamp III, Texas State Board of Veterinary Medical Examiners - Austin, TX

    The presentation will examine dealing with the 'Rambo' litigator in the administrative case process from the start of the case as an investigation, through the Informal Settlement Conference and to the contested case hearing at the State Office of Administrative Hearings. Emphasis will be on both legal remedies and personal approaches with reference to key ethical considerations.
  • 4:15 pm
    0.50 hr ethics
    AYLA Presentation: How to Get Signed Up for Texas Lawyers Help

    L. Monique Gonzalez, Texas Legal Services Center - Austin, TX

    The statewide web initiative consists of two websites: Texas Law Help and Texas Lawyers Help. They are designed to be comprehensive online resources for clients and advocates. Texas Lawyers Help was launched in 2005 as a resource for legal aid attorneys and attorneys interested in pro bono work. This session will focus on the resources available to attorneys via Texas Lawyers Help.
  • 4:45 pm
    0.50 hr ethics
    Public Sector Attorneys and Pro Bono Representation

    Joe H. Thrash, Office of the Attorney General - Austin, TX

    This presentation will address the current state of pro bono participation among government attorneys, the legal and practical limitations on their participation, and the opportunities that might improve the number of government attorneys providing pro bono representation.
  • 5:15 pm
    Adjourn to Reception honoring Shelia Bailey Taylor, the long-time Chief ALJ of SOAH, on her retirement.

    Remarks by Cathie Parsley, incoming Chief ALJ
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 29, 2008
    Presiding Officer:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
  • 7:30 am
    Conference Room Opens

    Breakfast tacos included in conference registration.
  • 8:00 am
    Welcoming Remarks

  • 8:15 am
    0.75 hr ethics
    Ex Parte Communications: Is Vandygriff the Final Word?

    Moderator:
    Thomas M. Pollan, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
    Panelists:
    Lou Bright, Texas Alcoholic Beverage Commission - Austin, TX
    Panelists:
    Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Elizabeth R. Todd, Office of the Attorney General - Austin, TX
    Panelists:
    Gaines F. West II, West Webb Allbritton & Gentry P C - College Station, TX

    Overview and panel discussion of Ex Parte Communications in the administrative process.
  • 9:00 am
    0.50 hr
    Intellectual Property Rights for Governmental Bodies: What You Need to Manage

    Sydney W. Falk Jr., Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    Governmental entities can create and own intellectual property. When grants are made or contracts administered, governmental entities may limit or condition the intellectual property rights of others. Similarly, as can anyone, governmental entities can infringe third-party intellectual property rights. Governmental entities need to be deliberate in acquiring and managing intellectual property, to be sure they own what they create or pay others to create. They also need to manage the workplace so as to minimize risks that they infringe the intellectual property of others. Infringement is rampant: The “Internet mentality”—that whatever can be found or transmitted on the Internet is free to everyone for any purpose—is pervasive, but it is not much of a defense to a charge of infringement. This paper will focus on copyright law, because it is especially likely to be important to governmental entities, although mention will be made of trademarks and patents, primarily to put copyrights in context.
  • 9:30 am
    0.50 hr
    The Impact of Criminal Convictions on Obtaining an Occupational License

    Bradford Jay Bowman, Texas Department Of Licensing & Regulation - Austin, TX
    Wendy M. Pellow, Texas Department of Licensing and Regulation - Austin, TX

    Texas Occupations Code, Chapter 53 addresses the effects of criminal convictions on certain occupational licenses. This presentation will discuss the discretionary authority given to state agencies when evaluating applicants’ and licensees’ past criminal convictions and the non-discretionary obligations imposed on state agencies for applicants and licensees who are in prison.
  • 10:00 am
    0.50 hr
    What Every Administrative Lawyer Should Know About the Criminal Law

    Danny S. Ashby, Kirkpatrick & Lockhart Preston Gates Ellis LLP - Dallas, TX

    This presentation will address the evolution of the "administrative crime" and the exercise of power by agencies in recent years to promulgate rules and regulations that define criminal conduct. The speaker will also review the various varieties of "administrative crimes" that exist under Texas law, along with the most common standards by which courts have found criminal liability to exist for violations of agency rules and regulations.
  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Developments in the Law of Rulemaking

    Robert D. Sweeney Jr., Texas Parks and Wildlife Department - Austin, TX

    The administrative lawyer who practices within a state agency will likely be called upon to assess whether a planned agency action complies with the rulemaking statutes in the Texas Government Code, especially chapter 2001. This presentation will focus on the required elements of rule proposal and adoption, and the new challenges to agencies posed by developments in the law such as HB 3430 (80th Leg.) and El Paso Hospital District.
  • 11:15 am
    0.75 hr
    Implied Powers of an Administrative Agency

    Steven Baron, Consulting and Legal Services - Austin, TX

    As a creation of the Legislature, an administrative agency can exercise only those powers conferred by statute. Some powers, though not expressly stated, are implied by the language of the statute. This presentation addresses factors that should be considered in distinguishing between an agency’s exercise of implied powers and agency actions that fall outside the bounds of its authority.
  • Friday Afternoon, Aug. 29, 2008
    Presiding Officer:
    Kimberly A. Frost, Jack Martin & Associates - Austin, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Break for Hot Lunch Buffet

    Included in conference registration fee.
  • 12:30 pm
    0.75 hr
    Old Dogs/New Tricks: Mediating at SOAH

    Hon. Suzanne Marshall, State Office of Administrative Hearings - Austin, TX
    Hon. Renee M. Rusch, State Office of Administrative Hearings - Austin, TX

    Do you equate mediation with rolling over? Using video clips featuring some of your favorite SOAH ALJs, this session will help contested case litigators become fearless, effective participants in mediation.
  • 1:15 pm
    0.50 hr
    Going Outside the Box? Recent Case Law Governing Non-APA Challenges to Agency Decisions

    Kristofer S. Monson, Office of the Attorney General - Austin, TX

  • 1:45 pm
    0.42 hr
    50 Great Web Resources for Administrative Law Attorneys

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

    From city codes to federal regs to the best place to find the dirt on that expert witness, these are the web resources that administrative attorneys need to know.
  • 2:10 pm
    0.33 hr
    Observations from 16 Years of Service

    Hon. Margaret A. Cooper, 353rd District Court - Austin, TX

    Judge Cooper, retiring from the bench on December 31, 2008, will reflect on her years of service as the judge of the 353rd District Court. Judge Cooper is the only Travis County district judge board-certified in the area of administrative law.
  • 2:30 pm
    0.75 hr
    Judicial Panel

    Hon. Nathan L. Hecht, Supreme Court Of Texas - Austin, TX
    Hon. Lora Jeanette Livingston, Travis County District Court - Austin, TX
    Hon. Bob Pemberton, 3rd Court of Appeals - Austin, TX
    Moderator:
    Thomas H. Walston, State Office of Administrative Hearings - Austin, TX

    Q&A: Written questions for the panel my be submitted any time prior to lunch Friday.
  • 3:15 pm
    Adjourn

Conference Faculty

Danny S. Ashby

Kirkpatrick & Lockhart Preston Gates Ellis LLP
Dallas, TX

Steven Baron

Consulting and Legal Services
Austin, TX

Alessandra Ziek Beavers

3rd Court of Appeals
Austin, TX

Jason Everett Boatright

Texas Attorney General
Austin, TX

Roger B. Borgelt

Potts & Reilly LLP
Austin, TX

Bradford Jay Bowman

Texas Department Of Licensing & Regulation
Austin, TX

Lou Bright

Texas Alcoholic Beverage Commission
Austin, TX

Hon. Peter Brooks

State Office of Administrative Hearings
Austin, TX

Hon. Margaret A. Cooper

353rd District Court
Austin, TX

Amanda E. Crawford

Office of the Attorney General
Austin, TX

Michael C. Crowley

Office of the Attorney General
Austin, TX

David D. Dubose

3rd Court of Appeals
Austin, TX

Amanda Jean Ellis

Office of the Attorney General
Austin, TX

Sydney W. Falk Jr.

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

L. Monique Gonzalez

Texas Legal Services Center
Austin, TX

Ryan D. V. Greene

3rd Court of Appeals
Austin, TX

Susan Denmon Gusky

Vinson & Elkins L.L.P
Austin, TX

Claude Robert Heath

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Hon. Nathan L. Hecht

Supreme Court Of Texas
Austin, TX

Dewey E. Helmcamp III

Texas State Board of Veterinary Medical Examiners
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody PC
Austin, TX

Hon. Lora Jeanette Livingston

Travis County District Court
Austin, TX

Kathleen E. Magruder

Brown McCarroll
Houston, TX

Hon. Suzanne Marshall

State Office of Administrative Hearings
Austin, TX

Kristofer S. Monson

Office of the Attorney General
Austin, TX

Wendy M. Pellow

Texas Department of Licensing and Regulation
Austin, TX

Hon. Bob Pemberton

3rd Court of Appeals
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Jason Ray

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

Hon. Renee M. Rusch

State Office of Administrative Hearings
Austin, TX

C. Brad Schuelke

Office of The Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

Robert D. Sweeney Jr.

Texas Parks and Wildlife Department
Austin, TX

Joe H. Thrash

Office of the Attorney General
Austin, TX

Elizabeth R. Todd

Office of the Attorney General
Austin, TX

Don E. Walden

Attorney at Law
Austin, TX

Thomas H. Walston

State Office of Administrative Hearings
Austin, TX

Gaines F. West II

West Webb Allbritton & Gentry P C
College Station, TX

Planning Committee

Kimberly A. Frost—Co-Director

Jack Martin & Associates
Austin, TX

Jason Ray—Co-Director

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

Steven Baron

Consulting and Legal Services
Austin, TX

Lanalta Ann Bright

Texas Parks And Wildlife Department
Austin, TX

Dylan Owen Drummond

Godwin Pappas Ronquillo LLP
Dallas, TX

John M. Hohengarten

Office of the Attorney General Financial Litigation Division
Austin, TX

Christian W. Kadas

Texas Department of Licensing and Regulation
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody PC
Austin, TX

Kimberly L. Kiplin

Texas Lottery Commission
Austin, TX

Janet I. Monteros

Vista Health Plan, Inc
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Linda Booth Secord

Natural Resources Division of the Attorney General of Texas
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

J. Kay Trostle

Smith Trostle LLP
Austin, TX

Don E. Walden

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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
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.
Other Credit
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Aug 28-29, 2008 – Omni Austin Hotel at Southpark
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Aug 20, 2008

Add $50 for registrations received after this time

Last day for Government Lawyer early registration: Aug 20, 2008

Add $50 for registrations received after this time

Last day for cancellation (full refund): Aug 22, 2008
Last day for cancellation (partial refund): Aug 25, 2008

$50 processing fee applied

Venue

speaker

4140 Governor’s Row
Austin, TX
(512) 448-2222 (reservations)

Accommodations

$0.00 good through Aug 28, 2008

Parking Information

Free Self Parking

Our Sponsors

Subscribe to Our Hooked on CLE Monthly Newsletter