About

Have you seen the new opinion [Opinion No. 587] by the State Bar Ethics Committee stating that Rule 3.05 of the Texas Disciplinary Rules of Professional Conduct governing ex parte communications limits the communications a lawyer can have with an agency decision-maker before a matter has been filed?

This opinion could significantly affect how agency lawyers communicate with their clients and how private practitioners communicate with the agencies that regulate their clients.

Lou Bright, general counsel of the Texas Alcoholic Beverage Commission and popular speaker from the 2008 Advanced Texas Administrative Law Seminar, will lead attendees at this year's seminar in a town hall discussion of this new and important development.

Read the opinion here [Opinion No. 587] and come prepared to discuss the ethics of ex parte communication and how this opinion affects your practice.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 27, 2009
    Presiding Officer:
    Kimberly A. Frost, Austin, TX
  • 7:30 am
    Registration Opens

    Includes continental breakfast.
  • 8:15 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    Case Law Update

    Hon. J. Woodfin "Woodie" Jones, Third Court of Appeals - Austin, TX
    Linda Secord, Office of the Attorney General - Austin, TX

    A summary of key cases involving administrative law over the past year.
  • 9:15 am
    0.50 hr
    What Constitutes "Public Interest" in Administrative Proceedings?

    Ed McCarthy, Jackson, Sjoberg, McCarthy, & Wilson, L.L.P. - Austin, TX

    What is "the public interest"? What is its role in administrative proceedings, and how does the Third Court’s decision in the Popp case potentially impact agency decision making?
  • 9:45 am
    0.50 hr
    Property Interest and Due Process in Administrative Licensing Actions

    Donald N. Walker, Attorney at Law - Austin, TX

    State agency regulation of occupations is probably taken for granted most of the time. This topic addresses how property interests and other constitutional principles can affect the agency's power to regulate occupations and licenses in light of the recent Wilson and Lee cases.
  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    Does the Federal Arbitration Act Preempt State Agency Exclusive Jurisdiction?

    John Charles Fleming, Hays & Owens L.L.P. - Austin, TX

    Two cases decided by the U.S. Supreme Court, (EEOC v. Waffle House and Preston v. Ferrer) raise the question of when the Federal Arbitration Act may preempt a state agency’s exclusive jurisdiction. Using these two cases as a point of beginning, this topic addresses the intersection of arbitration law with state administrative law, including past and current uses of arbitration in Texas administrative law.
  • 11:00 am
    0.50 hr
    Continuing Developments in Rulemaking
    Thursday's schedule has been modified from the printed brochure begining with this session and through Adjourn.

    Ron Lynn Beal, Baylor Law School - Waco, TX

    New issues in notice and comment rulemaking including (1) what is the legal consequence of when an agency wholly fails to follow APA procedures, (2) what is a voidable rule and the process of remanding it to the agency, (3) can a party challenge the failure of an agency to adopt a rule and (4) may a person challenge the validity of a rule by a Section 2001.038 declaratory judgment action when such person is not bound by the rule? Includes discussion of whether it is constitutional for an agency to adopt a rule that is the basis for a criminal prosecution.
  • LUNCHEON PRESENTATION

  • 11:30 am
    Pick up Box Lunch

    Included in conference registration fee.
  • 11:45 am
    0.75 hr
    Discussion of the New SOAH Rules

    Hon. Paul D. Keeper, State Office of Administrative Hearings - Austin, TX
    Hon. Kerrie Jo Qualtrough, State Office of Administrative Hearings - Austin, TX

    A discussion of rule changes in the State Office of Administrative Hearings.
  • Thursday Afternoon, Aug. 27, 2009
    Presiding Officer:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
  • 12:30 pm
    0.50 hr
    NextGen AdminLaw: Amending the APA and Other Practical Suggestions for Improving the Process

    Steven Baron, Consulting and Legal Services - Austin, TX

    Looking for the latest developments in primary jurisdiction, sovereign immunity, ex parte communications, open meetings, separation-of-powers, and exhaustion-of-administrative-remedies? Look elsewhere. Here are some practical suggestions for improving and smoothing the practice of administrative law.
  • 1:00 pm
    1.00 hr ethics
    Talking Out Loud: Ex Parte Communications and the Beleaguered Bureaucrat

    Ron Lynn Beal, Baylor Law School - Waco, TX
    Lou Bright, Texas Alcoholic Beverage Commission - Austin, TX

    How do (or should) the notions of transparency and publicity embedded in the ex parte rules apply to communications among and between agencies, industries and the public that take place outside the contested case process? And how might the application of ex parte considerations to those types of communications change our expectations and evaluations of deliberation and decision-making within governmental agencies?

    This session concludes with a town hall meeting format.
  • 2:00 pm
    Break

  • 2:10 pm
    0.50 hr
    Claim and Issue Preclusion in Administrative Proceedings

    Rance L. Craft, Office of the Attorney General - Austin, TX

    The preclusive effect of findings and adjudications in administrative proceedings on subsequent judicial proceedings and vice-versa.
  • 2:40 pm
    0.50 hr
    Dubai, or not Dubai: That is the Question

    Marnie Ann McCormick, Clark, Thomas & Winters - Austin, TX

    Must litigants comply with all statutory prerequisites to suit in order to confer jurisdiction upon the court? The Texas Supreme Court said "no" in Dubai Petroleum. The Third Court of Appeals, however, has suggested that the legislature effectively overruled that decision by amending Texas Government Code section 311.034 in 2005. This session discusses whether and the extent to which statutory prerequisites to suits for judicial review are jurisdictional or something less in light of Tex. Gov't Code section 311.034 and recent cases applying it.
  • 3:10 pm
    0.50 hr
    When Do You Have the Right to a Contested Case — and Why?

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

    Texas courts often have held that there is no right to an evidentiary hearing on an agency determination affecting a party’s rights or privileges unless a statute expressly gives such a right or due process requires it, but there are cases finding a right to an APA contested case by implication, custom, or agency action. This presentation discusses the right to a contested case and the standard for judicial review of agency decisions, in light of recent appeals court opinions in the Texas Department of Insurance v. State Farm Lloyds insurance rate cases and other cases.
  • 3:40 pm
    0.50 hr
    Common Problems in Open Records and Open Meeting Litigation

    Co-Author:
    Jason Ray, Riggs, Aleshire & Ray, P.C. - Austin, TX
    Jennifer Scott Riggs, Riggs, Aleshire & Ray, P.C. - Austin, TX

    Who do you sue? Do third parties have standing to appeal PIA decisions? Is discovery allowed in a PIA or OMA lawsuit? If so, what? Is a PIA trial limited to “the records”? Can the OMA be used as a vehicle to depose decision makers?
  • 4:10 pm
    Break

  • 4:20 pm
    0.50 hr
    Separation of Powers and the Nature of Remand

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

    This talk discusses the scope of remand in substantial evidence review cases and the separation-of-powers implications raised by the pending litigation in the three related cases currently before the Texas Supreme Court involving the Motor Vehicle Board.
  • 4:50 pm
    0.33 hr ethics
    Pro Bono: Serving the Public During Times of Emergency

    Karin Crump, Lakeside Mediation Center - Austin, TX

    The role the legal community plays during catastrophic events: Learn basic information about the FEMA process to coordinate with state and local bars, emergency legal staffing and phone lines, and emergency legal service funding.
  • 5:10 pm
    0.50 hr ethics
    Administrative Law - Professional Ethics, SCRA and LAMP

    William J. Chriss, of counsel to Gravely & Pearson, L.L.P. - Austin, TX
    Bryan S. Spencer, Volunteer & Director Operation Enduring LAMP State Bar of Texas - Austin, TX

    Professional ethics, the Servicemembers Civil Relief Act (SCRA) and Pro Bono for Military Personnel in the Practice of Administrative Law.
  • 5:40 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 28, 2009
    Presiding Officer:
    Mary A. Keeney, Austin, TX
  • 7:30 am
    Conference Room Opens

    Breakfast tacos and fruit included in conference registration fee.
  • 7:45 am
    0.50 hr
    Legislative Update
    This session has moved to 1:45 p.m. on Friday.

    Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX

    A summary of selected legislation from the 81st Texas Legislature of interest to administrative law practitioners with a principal focus on bills impacting SOAH and the practice before SOAH.
  • 8:15 am
    0.50 hr
    When Elections Are Too Close to Call

    Claude Robert Heath, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    In an era when election law litigation over the result of elections is becoming increasingly common, the presentation explores the law of recounts, contests, and similar ways of challenging and defending the results of elections.
  • 8:45 am
    0.50 hr
    The Overlap of Corporate and Administrative Issues

    Frank Michael Reilly, Potts & Reilly, L.L.P. - Austin, TX

    Discussion of consequences, liabilities, and issues pertaining to business entities subject to administrative enforcement matters. Topics include the corporate veil, potential officer and director liability, and consequences to the business entity.
  • 9:15 am
    0.50 hr
    Advocacy

    Hon. John K. Dietz, 250th District Court - Austin, TX

    An overview of advocacy in administrative law.
  • 9:45 am
    0.50 hr ethics
    Conflicts, Contracts, and Costs: An Ethics Update

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

    An ethical update on critical law practice considerations.
  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    Pleas to the Jurisdiction in Texas Administrative Law

    Matthew Birk Baumgartner, Graves, Dougherty, Hearon & Moody, P.C. - Austin, TX
    Co-Author:
    Pete Schenkkan, Graves, Dougherty, Hearon & Moody, P.C. - Austin, TX

    This session covers jurisdiction in administrative appeals, rule and UDJA declaratory judgment actions, as well as issues of enforcement of agency jurisdiction by mandamus. Pleas to the jurisdiction procedure and the implications of the reconveyance opinions also discussed.
    Matt Baumgartner is also a co-author to this session.
  • 11:00 am
    0.50 hr ethics
    Recent Cases and Developments Regarding Attorneys' Fees

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

    This presentation explores ethical issues concerning attorneys' fees and especially the use of contingent fee agreements in such non-traditional areas as administrative law.
  • 11:30 am
    0.50 hr
    What Every Lawyer Ought to Know About Employment Law

    Aaron Craig Carter, Davis & Davis - Austin, TX

    Tips on taking personnel actions. (Or: "How to fire an employee and feel good about it.") What you don't know about employment law that can hurt you.
  • Friday Afternoon, Aug. 28, 2009
    Presiding Officer:
    Nichole Beth Bunker-Henderson, Austin, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Break for Hot Lunch Buffet

    Included in conference registration fee.
  • 12:15 pm
    0.75 hr ethics
    Increasing Access to Justice in Texas

    Betty Balli Torres, Texas Access to Justice Foundation - Austin, TX
    Lisa Villarreal-Rios, Texas Access to Justice Commission - Austin, TX

    Representatives of the Texas Access to Justice Commission and the Texas Access to Justice Foundation explain how administrative law attorneys can help increase access to justice for poor and low-income Texans.
  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    Disaster Response and Recovery by State Agencies

    Materials By:
    Lanalta Ann Bright, Texas Parks And Wildlife Department - Austin, TX
    Jack Colley, Governor's Division of Emergency Management, Texas Department of Public Safety - Austin, TX

    Emergency management and response can impact administrative lawyers' practice in a number of ways. This topic looks at emergency management in Texas, including the role of the Governor's Division of Emergency Management in carrying out a comprehensive all-hazard emergency management program for the State and assisting cities, counties, and state agencies in planning and implementing their emergency management programs.
  • 1:45 pm
    0.50 hr
    Resolving Conflicts Between Bankruptcy and Administrative Jurisdiction
    This session has moved to 7:45 a.m. on Friday.

    Stephen W. Sather, Barron & Newburger, P.C. Barron, Newburger & Sinsley, PLLC - Austin, TX

    Bankruptcy and administrative law are two specialized areas of law. This presentation examines which rules apply when the two realms collide.
  • 2:15 pm
    0.75 hr
    Issues Regarding the Role of the District Court in APA Appeals

    Susan Henricks, Hull Henricks & MacRae LLP - Austin, TX
    John M. Hohengarten, Attorney General's Office - Austin, TX

    A presentation addressing substantive, procedural and tactical issues that may arise in an APA appeal to the district court. Includes perspectives from both sides of the docket: private attorneys who represent parties challenging final agency orders and government attorneys defending those orders.
  • 3:00 pm
    0.75 hr
    Judicial Panel

    Moderator:
    Hon. Penny Wilkov, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Hon. Suzanne Covington, 201st District Court - Austin, TX
    Panelists:
    Hon. Bob Pemberton, Third Court of Appeals - Austin, TX
    Panelists:
    Hon. Don R. Willett, Supreme Court of Texas - Austin, TX

    A justice from the Supreme Court of Texas, a justice from the Third Court of Appeals and a Travis County District Court judge, moderated by an administrative law judge from the State Office of Administrative Hearings, engage in a round-robin discussion and take questions from the audience.
  • 3:45 pm
    Adjourn

Conference Faculty

Steven Baron

Consulting and Legal Services
Austin, TX

Matthew Birk Baumgartner

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

Ron Lynn Beal

Baylor Law School
Waco, TX

Lanalta Ann Bright

Texas Parks And Wildlife Department
Austin, TX

Lou Bright

Texas Alcoholic Beverage Commission
Austin, TX

Aaron Craig Carter

Davis & Davis
Austin, TX

William J. Chriss

of counsel to Gravely & Pearson, L.L.P.
Austin, TX

Jack Colley

Governor's Division of Emergency Management, Texas Department of Public Safety
Austin, TX

Susan G. Conway

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

Hon. Suzanne Covington

201st District Court
Austin, TX

Rance L. Craft

Office of the Attorney General
Austin, TX

Karin Crump

Lakeside Mediation Center
Austin, TX

Hon. John K. Dietz

250th District Court
Austin, TX

Claude E. Ducloux

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

Philip Durst

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

John Charles Fleming

Hays & Owens L.L.P.
Austin, TX

Claude Robert Heath

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Susan Henricks

Hull Henricks & MacRae LLP
Austin, TX

John M. Hohengarten

Attorney General's Office
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Third Court of Appeals
Austin, TX

Hon. Paul D. Keeper

State Office of Administrative Hearings
Austin, TX

Ed McCarthy

Jackson, Sjoberg, McCarthy, & Wilson, L.L.P.
Austin, TX

Marnie Ann McCormick

Clark, Thomas & Winters
Austin, TX

Kristofer S. Monson

Office of the Attorney General
Austin, TX

Hon. Bob Pemberton

Third Court of Appeals
Austin, TX

Hon. Kerrie Jo Qualtrough

State Office of Administrative Hearings
Austin, TX

Jason Ray

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

Frank Michael Reilly

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

Jennifer Scott Riggs

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

Stephen W. Sather

Barron & Newburger, P.C. Barron, Newburger & Sinsley, PLLC
Austin, TX

Pete Schenkkan

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

Linda Secord

Office of the Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

Bryan S. Spencer

Volunteer & Director Operation Enduring LAMP State Bar of Texas
Austin, TX

Betty Balli Torres

Texas Access to Justice Foundation
Austin, TX

Lisa Villarreal-Rios

Texas Access to Justice Commission
Austin, TX

Donald N. Walker

Attorney at Law
Austin, TX

Hon. Penny Wilkov

State Office of Administrative Hearings
Austin, TX

Hon. Don R. Willett

Supreme Court of Texas
Austin, TX

Planning Committee

Nichole Beth Bunker-Henderson—Co-Director

Austin, TX

Kimberly A. Frost—Co-Director

Austin, TX

Mary A. Keeney—Co-Director

Austin, TX

Jason Ray—Co-Director

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

Ron Lynn Beal

Baylor Law School
Waco, TX

Roger B. Borgelt

Potts & Reilly LLP
Austin, TX

Lanalta Ann Bright

Texas Parks And Wildlife Department
Austin, TX

Lou Bright

Texas Alcoholic Beverage Commission
Austin, TX

James W. Checkley Jr.

Locke Lord Bissell & Liddell
Austin, TX

Dylan Owen Drummond

Law Offices of Dylan Drummond
Austin, TX

Amanda Jean Ellis

Davis & Davis, P.C.
Austin, TX

Ross Wyatt Henderson

TCEQ
Austin, TX

John M. Hohengarten

Attorney General's Office
Austin, TX

Christian W. Kadas

TX Comptroller Of Public Accounts
Austin, TX

Kimberly L. Kiplin

Texas Lottery Commission
Austin, TX

Hollis L. Levy

University of Texas School of Law
Austin, TX

Janet I. Monteros

El Paso County Attorney's Office
El Paso, TX

Diane Parker

Texas Workforce Commission
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Linda Secord

Office of the Attorney General
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

Hon. G. Alan Waldrop

3rd Court of Appeals
Austin, TX

Raymond Charles Winter

Office Of The Attorney General
Austin, TX

Hon. Stephen Yelenosky

345th Judicial Civil District Court
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 27-28, 2009 – Omni Austin Hotel at Southpark
Conference Concluded
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Last day for Standard Registration early registration: Aug 19, 2009

Add $50 for registrations received after this time

Last day for Government Lawyer early registration: Aug 19, 2009

Add $50 for registrations received after this time

Last day for cancellation (full refund): Aug 21, 2009
Last day for cancellation (partial refund): Aug 24, 2009

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Venue

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

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