About

The Advanced Texas Administrative Law Seminar brings together practitioners and members of the judiciary, regulatory and academic communities. The 2010 program focuses on recent legislative updates and actions with an eye towards the upcoming session.

Don’t miss exceptional speakers, the hottest topics and most relevant materials.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Sep. 2, 2010
    Presiding Officer:
    Mary A. Keeney, Graves Dougherty Hearon & Moody - Austin, TX
  • 8:00 am
    Registration Opens

    Includes continental breakfast.
  • 8:45 am
    Welcoming Remarks

  • 9:00 am
    0.75 hr
    Case Law Update

    Hon. J. Woodfin (Woodie) Jones, 3rd Court of Appeals - Austin, TX
    Linda B. Secord, Office of the Attorney General - Austin, TX

    A summary of key cases involving administrative law over the past year.
  • 9:45 am
    0.50 hr
    Overview of the Sunset Process

    Joe Walraven, Sunset Advisory Commission - Austin, TX

    A discussion of the current Sunset review cycle including work on agencies ranging from PUC to Public Finance to the Forest Service. Also discussed, major components of Sunset evaluations, recent Sunset Commission decisions, and expectations for the upcoming legislative session.
  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    New Criminal History Issues in Professional Licensing

    Susan Henricks, Hull Henricks LLP - Austin, TX

    Amendments to Texas Occupations Code, Chapter 53 have affected the authority of certain agencies to deny applicants and discipline licensees.
  • 11:00 am
    0.50 hr
    Federal Preemption in Regulatory Litigation

    Helen Currie Foster, Graves, Dougherty, Hearon & Moody - Austin, TX

    Overview of preemption analysis for state agencies subject to federal law addressing areas they regulate, with a focus on key U.S. and Texas Supreme Court decisions, as interpreted by the Austin Court of Appeals in reviewing key agency decisions that regulate environmental and other regimes.
  • 11:30 am
    0.50 hr
    Working with the Legislature: When Do You Cross the Line between Simply Providing Information and Lobbying?

    C. Robert Heath, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    Governmental bodies typically may not lobby, although they may provide information to the Legislature. This session focuses on what types of interaction with the Legislature are permissible. The speaker represented the Texas Association of Counties when its legislative activities were challenged in district court.
  • Thursday Afternoon, Sep. 2, 2010
    Presiding Officer:
    Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX
  • 12:00 pm
    Luncheon Presentation

    Pick up Box Lunch

    Included in conference registration fee.
  • 12:15 pm
    0.50 hr
    News from SOAH

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

    An overview of SOAH's implementation of House Bill 2256 regarding mediations of out-of-network health benefit claims disputes and House Bill 3612 establishing a pilot project for appeals to SOAH of certain appraisal review board orders, along with what might be coming up in the next legislative session.
  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr ethics
    Ethics Jeopardy

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

    The game that tests your ethics.
  • 1:30 pm
    0.50 hr ethics
    Desktop Pro Bono Lawyering

    Bruce P. Bower, Texas Legal Services Center - Austin, TX

    This session concerns representation of persons appealing decisions denying applications for food stamps and temporary assistance to needy families.
  • 2:00 pm
    0.75 hr
    Effective Advocacy in Your Administrative Appeal in both the District Court and Court of Appeals

    Hon. Scott H. Jenkins, 53rd District Court - Austin, TX
    Hon. G. Alan Waldrop, Third Court of Appeals - Austin, TX

    Thoughts on how you can improve your effectiveness, both orally and in writing, in an appeal of an administrative proceeding. Subject matter includes comments on practice in both the district court and the court of appeals including their similarities and differences. Time is allotted for Q&A.
  • 2:45 pm
    Break

  • 3:00 pm
    0.75 hr
    Giving Effective Legislative Testimony

    Joseph Charles Gagen, Texas CASA - Austin, TX

    Learn the ins and outs of appearing before a legislative committee whether you are representing a client or appearing as a resource witness.
  • 3:45 pm
    1.00 hr
    Laying Down the Law: The Art and Science of Imposing Just Penalties

    Ron Beal, Baylor Law School - Waco, TX
    Lou Bright, Attorney at Law - Austin, TX

    Assessing sanctions is one of the most important functions of a regulatory agency. Who among the participants in the process should have the authority to decide what penalty to impose? More importantly, what are the elements and objectives of a reasonable, fair and effective penalty policy and how does actual practice among regulatory agencies compare to this standard? This town-hall-style discussion format addresses these and related questions. Be sure to bring your experiences and opinions to this interactive session.
  • 4:45 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Sep. 3, 2010
    Presiding Officer:
    Linda B. Secord, Office of the Attorney General - Austin, TX
  • 8:00 am
    Conference Room Opens

    Includes continental breakfast.
  • 8:45 am
    0.75 hr
    Best Practices in Informal Settlement Conferences/Show Compliance Proceedings

    Dewey E. Helmcamp III, Texas State Board of Veterinary Medical Examiners - Austin, TX
    Timothy E. Weitz, McDonald, Mackay & Weitz, LLP - Austin, TX

    Practice tips and pointers for government and private sector attorneys. With agency cases often being resolved at the Informal Settlement Conference/Show Compliance (ISC) stage of administrative proceedings, the parties save money, time and resources while reducing the future need for high levels of stress tolerance for all involved. Making the most out of this opportunity is increasingly important for both government attorneys and defense counsel. The typical format and relative brevity of these proceedings require a focused and organized approach as well as an atmosphere of fairness and civility. Procedural and practical considerations frequently dictate just how beneficial the ISC will be. What works and doesn't work are lessons garnered from experience on both sides of the equation.
  • 9:30 am
    0.50 hr
    HCA Healthcare Corp. v. Texas Department of Insurance

    Thomas B. Hudson Jr., Graves Dougherty Hearon & Moody - Austin, TX

    A discussion of several topics illustrated in a single case, including the differences between facial and as-applied challenges to the constitutionality of a statute; whether informal service of agency decisions starts the clock running for appeal purposes; and whether a declaratory judgment can be a satisfactory substitute for an APA appeal.
  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    Rulemaking and Rule Challenges: Point-Counterpoint

    Ron Beal, Baylor Law School - Waco, TX
    Dudley D. McCalla, Jackson Walker L.L.P. - Austin, TX

  • 11:00 am
    0.75 hr
    Vista Community Medical Center v. Texas Mutual Insurance Co.

    David F. Bragg, Law Offices of David F. Bragg, P.C. - Austin, TX
    Steven M. Tipton, Flahive Ogden & Latson - Austin, TX

    This dispute, while centering on construction and application of the "stop-loss exception" in the Workers Compensation Acute Care Inpatient Hospital Fee Guideline, raises questions of the effect of agency intent, the evolution of agency interpretation of its own rules, agency interpretation versus rule-making, validity of agency rules and Boll Weevil unconstitutional delegation—all in the context of a specific enabling statute. The strategies and arguments of the parties and the agency are discussed.
  • Friday Afternoon, Sep. 3, 2010
    Presiding Officer:
    J. Kay Trostle, Smith Trostle LLP - Austin, TX
  • 11:45 am
    Luncheon Presentation

    Break for Hot Lunch Buffet

    Included in conference registration fee.
  • 12:00 pm
    0.75 hr
    Deal or No Deal: Leveraging Available Information to Overcome Psychological Barriers to Efficient and Ethical Deals

    Donald R. Philbin Jr., Donald R. Philbin, Jr., P.C. - San Antonio, TX

    Decision errors are expensive—especially in litigation. Drawing on law, economics and psychology, we explore ways to recognize and reduce such errors while improving communication. Animated outcome scenarios and decision trees focus parties on forward paths. That future focus helps crystallize decisions that may transform impasse to an efficient outcome.
  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr
    Winning: Some Reflections and Empirical Observations about Challenging Agency Action

    Steven Baron, Consulting and Legal Services - Austin, TX

    It's easy enough to appeal administrative agency action. Just file an original petition that incorporates a laundry-list motion for rehearing. Or broadly request a declaratory judgment that an agency rule is invalid. The harder question is whether and when filing suit is likely to bring any concrete relief for the aggrieved party. This presentation takes a look at suits that have succeeded and those that have not, and suggests factors worth considering before deciding to challenge agency action.
  • 1:30 pm
    0.50 hr ethics
    Open Government Update

    Susan D. Banowsky, Vinson & Elkins L.L.P - Austin, TX

    Catch up on significant cases regarding the Texas Public Information Act and Open Meetings Act over the last year, including opinions addressing constitutional issues, attorney-client privilege and the proper timing of requests for rulings. Also, get up to speed on Open Records Decisions by the Attoney General, and look ahead to the next legislative session.
  • 2:00 pm
    0.50 hr
    The Scope and Boundaries of Sovereign Immunity after El Paso v. Heinrich

    Michael A. Shaunessy, Sedgwick, Detert, Moran & Arnold LLP - Austin, TX

    This session addresses the effect that the Heinrich decision has on the scope of protection offered by sovereign immunity, specifically when a Plaintiff can avoid sovereign immunity by bringing ultra vires claims against government officials in their official capacity, as well as how the relief sought by a Plaintiff (monetary versus equitable relief, and prospective versus retrospective) may/will determine whether a suit is barred by immunity.
  • 2:30 pm
    1.00 hr
    Judges Panel

    Moderator:
    Hon. Suzanne Marshall, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Hon. John K. Dietz, 250th District Court - Austin, TX
    Panelists:
    Hon. Robert Pemberton, 3rd Court of Appeals - Austin, TX
    Panelists:
    Hon. Stephen Yelenosky, 345th Judicial Civil District Court - Austin, TX

    Panelists engage in a round-robin discussion and take questions from the audience.
  • 3:30 pm
    Adjourn

Conference Faculty

Susan D. Banowsky

Vinson & Elkins L.L.P
Austin, TX

Steven Baron

Consulting and Legal Services
Austin, TX

Ron Beal

Baylor Law School
Waco, TX

Bruce P. Bower

Texas Legal Services Center
Austin, TX

David F. Bragg

Law Offices of David F. Bragg, P.C.
Austin, TX

Lou Bright

Attorney at Law
Austin, TX

Hon. John K. Dietz

250th District Court
Austin, TX

Claude E. Ducloux

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

Helen Currie Foster

Graves, Dougherty, Hearon & Moody
Austin, TX

Joseph Charles Gagen

Texas CASA
Austin, TX

C. Robert Heath

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Dewey E. Helmcamp III

Texas State Board of Veterinary Medical Examiners
Austin, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

Thomas B. Hudson Jr.

Graves Dougherty Hearon & Moody
Austin, TX

Hon. Scott H. Jenkins

53rd District Court
Austin, TX

Hon. J. Woodfin (Woodie) Jones

3rd Court of Appeals
Austin, TX

Hon. Suzanne Marshall

State Office of Administrative Hearings
Austin, TX

Dudley D. McCalla

Jackson Walker L.L.P.
Austin, TX

Hon. Cathleen Parsley

State Office of Administrative Hearings
Austin, TX

Hon. Robert Pemberton

3rd Court of Appeals
Austin, TX

Donald R. Philbin Jr.

Donald R. Philbin, Jr., P.C.
San Antonio, TX

Linda B. Secord

Office of the Attorney General
Austin, TX

Michael A. Shaunessy

Sedgwick, Detert, Moran & Arnold LLP
Austin, TX

Steven M. Tipton

Flahive Ogden & Latson
Austin, TX

Hon. G. Alan Waldrop

Third Court of Appeals
Austin, TX

Joe Walraven

Sunset Advisory Commission
Austin, TX

Timothy E. Weitz

McDonald, Mackay & Weitz, LLP
Austin, TX

Hon. Stephen Yelenosky

345th Judicial Civil District Court
Austin, TX

Planning Committee

Mary A. Keeney—Chair

Graves Dougherty Hearon & Moody
Austin, TX

Steven Baron

Consulting and Legal Services
Austin, TX

Ron Beal

Baylor Law School
Waco, TX

Ann Bright

Texas Parks And Wildlife Department
Austin, TX

Lou Bright

Attorney at Law
Austin, TX

James W. Checkley Jr.

Locke Lord Bissell & Liddell
Austin, TX

Dylan Owen Drummond

Law Offices of Dylan Drummond
Austin, TX

Kimberly A. Frost

Jack Martin & Associates
West Lake Hills, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

John M. Hohengarten

Attorney General's Office
Austin, TX

Kimberly L. Kiplin

Texas Lottery Commission
Austin, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Janet I. Monteros

El Paso County Attorney's Office
El Paso, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Linda B. 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

Hon. G. Alan Waldrop

Third Court of Appeals
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 – Sep 2-3, 2010 – AT&T Conference Center
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Aug 18, 2010

Add $50 for registrations received after this time

Last day for Government Lawyer early registration: Aug 18, 2010

Add $100 for registrations received after this time

Last day for cancellation (full refund): Aug 23, 2010
Last day for cancellation (partial refund): Aug 25, 2010

$50 processing fee applied

Venue

speaker

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$0.00 good through Sep 2, 2010

Parking Information

$5 Self Parking; $10 Valet; $14 Overnight Parking

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