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Presented by
Administrative and Public Law Section of the State Bar of Texas
The University of Texas School of Law

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Artwork Details

5th Annual

Advanced Texas Administrative Law Seminar

Austin Sep 2-3, 2010 AT&T Conference Center
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. 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.

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Event Schedule

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

  • Day 1 September 2, 2010
  • Day 2 September 3, 2010
  • 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
    A summary of key cases involving administrative law over the past year.

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

  • 9:45 am
    0.50 hr
    Overview of the Sunset Process
    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.

    Joe Walraven, Sunset Advisory Commission - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    New Criminal History Issues in Professional Licensing
    Amendments to Texas Occupations Code, Chapter 53 have affected the authority of certain agencies to deny applicants and discipline licensees.

    Susan Henricks, Hull Henricks LLP - Austin, TX

  • 11:00 am
    0.50 hr
    Federal Preemption in Regulatory Litigation
    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.

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

  • 11:30 am
    0.50 hr
    Working with the Legislature: When Do You Cross the Line between Simply Providing Information and Lobbying?
    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.

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

  • 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
    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.

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

  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr ethics
    Ethics Jeopardy
    The game that tests your ethics.

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

  • 1:30 pm
    0.50 hr ethics
    Desktop Pro Bono Lawyering
    This session concerns representation of persons appealing decisions denying applications for food stamps and temporary assistance to needy families.

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

  • 2:00 pm
    0.75 hr
    Effective Advocacy in Your Administrative Appeal in both the District Court and Court of Appeals
    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.

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

  • 2:45 pm
    Break

  • 3:00 pm
    0.75 hr
    Giving Effective Legislative Testimony
    Learn the ins and outs of appearing before a legislative committee whether you are representing a client or appearing as a resource witness.

    Joseph Charles Gagen, Texas CASA - Austin, TX

  • 3:45 pm
    1.00 hr
    Laying Down the Law: The Art and Science of Imposing Just Penalties
    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.

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

  • 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
    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.

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

  • 9:30 am
    0.50 hr
    HCA Healthcare Corp. v. Texas Department of Insurance
    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.

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

  • 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.
    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.

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

  • 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
    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.

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

  • 12:45 pm
    Break

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

    Steven Baron, Consulting and Legal Services - Austin, TX

  • 1:30 pm
    0.50 hr ethics
    Open Government Update
    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.

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

  • 2:00 pm
    0.50 hr
    The Scope and Boundaries of Sovereign Immunity after El Paso v. Heinrich
    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.

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

  • 2:30 pm
    1.00 hr
    Judges Panel
    Panelists engage in a round-robin discussion and take questions from the audience.

    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

  • 3:30 pm
    Adjourn

  • Day 1 September 2, 2010
  • Day 2 September 3, 2010
Download Schedule

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

  • Austin
MCLE Credit
Toggle view Texas – 12.75 hrs  |  1.50 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.
Toggle view California – 12.75 hrs  |  1.50 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
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.

Key Dates

Austin – Sep 2-3, 2010 – AT&T Conference Center
Conference Concluded
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  • Austin
Standard Registration
Last day for $345.00 Regular pricing: Aug 18, 2010

$395.00 for registrations received after this time

Government Lawyer
Last day for $150.00 Regular pricing: Aug 18, 2010

$250.00 for registrations received after this time

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

$50 processing fee applied after this date

Last day for cancellation: Aug 25, 2010

Venue

speaker

AT&T Conference Center

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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