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8th Annual

Advanced Texas Administrative Law Seminar

Austin Aug 29-30, 2013 AT&T Conference Center
Conference Concluded
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PRESENTED BY
The University of Texas School of Law
Administrative and Public Law Section of the State Bar of Texas
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Overview

The Advanced Texas Administrative Law Seminar—exceptional speakers, timely topics and robust materials highlight this year's program. Members of the judiciary, regulatory and academic communities engage with practitioners for discussion of the latest legislative and case law updates, rule changes, and more.

2013 highlights include:

  • Robust case law update series
  • Overview of the 83rd Legislative session with Rep. Donna Howard
  • OPIC, TCEQ and PUC non-commissioners discuss their roles representing the public interest for their agencies
  • 3.25 hours of ethics
Registration includes free parking, free Wi-Fi, course materials and lunch each day. Special $180 early registration rate for government attorneys.

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Event Schedule

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

  • Day 1 August 29, 2013
  • Day 2 August 30, 2013
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 29, 2013
    Presiding Officer:
    Linda B. Secord, Office of the Attorney General - Austin, TX
  • 7:45 am
    Registration Opens
    Includes continental breakfast.

  • 8:35 am
    Welcoming Remarks

  • Case Law Update
  • 8:45 am
    0.50 hr
    Open Government: Case Law Update and Suggested Best Practices
    A review of recent judicial and attorney general opinions concerning the Open Meetings Act and the Public Information Act and discussion of suggested best practices in light of current case law (or lack thereof). Topics addressed include the Fifth Circuit's decision upholding the constitutionality of the Open Meetings Act, use of electronic communication and social media by public officials, and the application of the Public Information Act to private email accounts.

    G. Alan Waldrop, Locke Lord LLP - Austin, TX
    Lori Anne Fixley Winland, Locke Lord LLP - Austin, TX

  • 9:15 am
    0.75 hr
    Sovereign Immunity and Standing in UDJA and APA Declaratory Actions: Declaratory and Related Injunctive Relief Despite AG Opposition
    The Attorney General seeks to change standing to sue the government and sovereign immunity law. Is he right?

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

  • 10:00 am
    Break

  • 10:15 am
    0.50 hr
    Standard of Review
    An overview of cases addressing standard of review.

    Elizabeth R. B. Sterling, Office of the Attorney General - Austin, TX
    Mark L. Walters, Office of the Attorney General - Austin, TX

  • 10:45 am
    0.50 hr
    Exhaustion of Administrative Remedies: First Principles and Recent Developments
    This presentation examines the exhaustion doctrine in Texas including its rationale, exceptions, consequences and relationship to other legal doctrines; surveys recent and notable cases that apply the doctrine in various substantive areas of the law; identifies unresolved issues raised in pending cases; and comments on problem areas in the doctrine's application.

    Steven Baron, Steven Baron Consulting and Legal Services - Austin, TX
    Susan A. Kidwell, Locke Lord LLP - Austin, TX

  • 11:15 am
    0.50 hr
    Injunctions after eBay, Winter, and Monsanto
    A discussion of the standards for granting injunctive relief in the wake of a series of U.S. Supreme Court cases.

    John M. Golden, The University of Texas School of Law - Austin, TX

  • 11:45 am
    0.50 hr ethics
    Pro Bono Opportunities for Government Attorneys
    An exploration of the variety of pro bono opportunities available for government attorneys including an attorney's ethical obligation to provide pro bono services.

    Steve Elliot, Volunteer Legal Services of Central Texas - Austin, TX
    D'Ann Johnson, Texas RioGrande Legal Aid - Austin, TX

  • 12:15 pm
    Pick Up Lunch
    Included in registration.

  • Luncheon Presentation

  • 12:30 pm
    0.75 hr
    An Overview of the 83rd Texas Legislative Session

    Rep. Donna Howard, Texas House of Representatives - Austin, TX

  • 1:15 pm
    Break

  • Thursday Afternoon, Aug. 29, 2013
    Presiding Officer:
    J. Kay Trostle, Smith Trostle & Huerta LLP - Austin, TX
  • 1:30 pm
    0.50 hr
    What Is a Rule?
    A review of the Court's recent holdings to determine when agency statements are found to be illegal ad hoc rules.

    Nichole B. Bunker-Henderson, Office of the Attorney General - Austin, TX

  • 2:00 pm
    0.75 hr ethics
    Public Interest
    A unique opportunity to hear from three non-commissioners on their roles representing the public interest for their agencies. The panel discusses what they do and how they do it, including how they identify who is the client, and how they represent the client.

    Moderator:
    James W. Checkley Jr., Cross Texas Transmission, LLC - Austin, TX
    Panelists:
    Kergin B. Bedell, Office of Public Insurance Counsel - Austin, TX
    Blas J. Coy Jr., Public Interest Counsel, Texas Commission on Environmental Quality (TCEQ) - Austin, TX
    Joseph P. Younger, PhD, Public Utility Commission of Texas - Austin, TX

  • 2:45 pm
    0.50 hr
    Motion for Rehearing Update
    An examination of recent decisions concerning motions for rehearing of final agency orders in contested case proceedings and a discussion of the effort to amend the APA provisions governing the filing and disposition of such motions.

    J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
    Dudley D. McCalla, Of Counsel, Jackson Walker L.L.P. - Austin, TX

  • 3:15 pm
    Break

  • 3:30 pm
    0.75 hr
    eDiscovery: Recent Developments and Practical Applications
    Learn the latest in the evolving world of eDiscovery with practical management strategies to address those issues.

    Matthew C. Henry, Vinson & Elkins LLP - Dallas, TX

  • 4:15 pm
    1.00 hr ethics
    Administrative Hell: What Would You Do?
    An examination of ethical dilemmas in administrative law.

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

  • 5:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 30, 2013
    Presiding Officer:
    Kimberly L. Kiplin, Dykema Gossett PLLC - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Legislative Update
    A focus on the bills enacted by the 83rd Texas Legislature that impact administrative law practitioners, including a review of the Sunset legislation.

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

  • 9:00 am
    1.00 hr ethics
    Ethics Lessons From the Michael Morton Wrongful Conviction
    A firsthand account of work on this case and the ongoing review into prosecutorial misconduct from a member of the legal team responsible for exonerating Michael Morton after serving 25 years of his life sentence.

    Patricia J. Cummings, Law Office of Patricia J. Cummings - Round Rock, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    A Case Study
    Under Section 39.152, Texas Education Code, SOAH sits in the place of Travis County District Court to exercise final review over school district closures. Hear the pros and cons from two of the litigators.

    William C. Bednar, Law Office of William C. Bednar and Of Counsel, Powell & Leon, LLP - Austin, TX
    James C. Todd, Office of the Attorney General - Austin, TX

  • 11:00 am
    0.50 hr
    Due Process Rights: What Are They and When Do You Have Them?
    The Administrative Procedure Act was enacted to "provide minimum standards of practice and procedure." When do those minimum standards apply and what are the current contours of the right to due process in Texas contested case proceedings?

    Susan Henricks, Hull Henricks LLP - Austin, TX

  • 11:30 am
    0.50 hr
    When Is a Witness an "Expert" and Associated Ramifications
    What makes a witness an expert and how that impacts your case: a review of topics and decisions that should shape your approach.
    This session moved to 1:30 p.m.

    Andrea Moore Stover, Graves Dougherty Hearon & Moody - Austin, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Aug. 30, 2013
    Presiding Officer:
    James W. Checkley Jr., Cross Texas Transmission, LLC - Austin, TX
  • Luncheon Presentation

  • 12:15 pm
    0.50 hr
    SOAH Update
    A review of the legislative session and a preview of what's ahead for SOAH.

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

  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr
    Cross-Agency Regulation of Service Contracts
    Legal and practical issues related to the regulation of risk transfer contracts, including an examination of the authority of the Texas Department of Licensing and Regulation (TDLR), the Texas Real Estate Commission (TREC), the Texas Department of Insurance (TDI), and the Office of the Attorney General (OAG).

    James E. Davis, Locke Lord LLP - Austin, TX
    Jon L. Gillum, Locke Lord LLP - Austin, TX

  • 1:30 pm
    0.50 hr
    What Can a Court Do with an Agency Order?
    An examination of the procedural relief some Texas courts have granted in conjunction with their reversal of agency orders, and how some courts' treatment of these issues have been inconsistent.
    This session moved to 11:30 a.m.

    Patrick J. Pearsall, Duggins Wren Mann & Romero, LLP - Austin, TX
    Materials By:
    Marnie Ann McCormick, Duggins Wren Mann & Romero, LLP - Austin, TX

  • 2:00 pm
    0.50 hr
    Judicial Review of Contingent Conditions
    The interplay between ripeness and finality in administrative appeals.

    Ron H. Moss, Winstead PC - Austin, TX

  • 2:30 pm
    1.00 hr
    Judicial Panel
    An unscripted round-robin discussion allowing time for questions at the end.

    Moderator:
    Hon. Diane M. Henson, Ikard Wynne LLP - Austin, TX
    Panelists:
    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
    Hon. J. Woodfin "Woodie" Jones, Third Court of Appeals - Austin, TX
    Hon. Timothy M. Sulak, 353rd Judicial District Civil Court - Austin, TX

  • 3:30 pm
    Adjourn

  • Day 1 August 29, 2013
  • Day 2 August 30, 2013
Download Schedule

Conference Faculty

Steven Baron

Steven Baron Consulting and Legal Services
Austin, TX

Kergin B. Bedell

Office of Public Insurance Counsel
Austin, TX

William C. Bednar

Law Office of William C. Bednar and Of Counsel, Powell & Leon, LLP
Austin, TX

J. Bruce Bennett

Cardwell, Hart & Bennett, L.L.P.
Austin, TX

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Nichole B. Bunker-Henderson

Office of the Attorney General
Austin, TX

James W. Checkley Jr.

Cross Texas Transmission, LLC
Austin, TX

Blas J. Coy Jr.

Public Interest Counsel, Texas Commission on Environmental Quality (TCEQ)
Austin, TX

Patricia J. Cummings

Law Office of Patricia J. Cummings
Round Rock, TX

James E. Davis

Locke Lord LLP
Austin, TX

Claude E. Ducloux

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

Steve Elliot

Volunteer Legal Services of Central Texas
Austin, TX

Jon L. Gillum

Locke Lord LLP
Austin, TX

John M. Golden

The University of Texas School of Law
Austin, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

Matthew C. Henry

Vinson & Elkins LLP
Dallas, TX

Hon. Diane M. Henson

Ikard Wynne LLP
Austin, TX

Rep. Donna Howard

Texas House of Representatives
Austin, TX

D'Ann Johnson

Texas RioGrande Legal Aid
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Third Court of Appeals
Austin, TX

Susan A. Kidwell

Locke Lord LLP
Austin, TX

Dudley D. McCalla

Of Counsel, Jackson Walker L.L.P.
Austin, TX

Marnie Ann McCormick

Duggins Wren Mann & Romero, LLP
Austin, TX

Ron H. Moss

Winstead PC
Austin, TX

Hon. Cathleen Parsley

State Office of Administrative Hearings
Austin, TX

Patrick J. Pearsall

Duggins Wren Mann & Romero, LLP
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Pete Schenkkan

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

Elizabeth R. B. Sterling

Office of the Attorney General
Austin, TX

Andrea Moore Stover

Graves Dougherty Hearon & Moody
Austin, TX

Hon. Timothy M. Sulak

353rd Judicial District Civil Court
Austin, TX

James C. Todd

Office of the Attorney General
Austin, TX

G. Alan Waldrop

Locke Lord LLP
Austin, TX

Mark L. Walters

Office of the Attorney General
Austin, TX

Lori Anne Fixley Winland

Locke Lord LLP
Austin, TX

Joseph P. Younger, PhD

Public Utility Commission of Texas
Austin, TX

Planning Committee

Linda B. Secord—Chair

Office of the Attorney General
Austin, TX

Steven Baron

Steven Baron Consulting and Legal Services
Austin, TX

J. Bruce Bennett

Cardwell, Hart & Bennett, L.L.P.
Austin, TX

Ann Bright

Texas Parks and Wildlife Department
Austin, TX

Lou Bright

Attorney at Law
Austin, TX

James W. Checkley Jr.

Cross Texas Transmission, LLC
Austin, TX

James E. Davis

Locke Lord LLP
Austin, TX

David C. Duggins

Duggins Wren Mann & Romero
Austin, TX

Kimberly A. Frost

Jack Martin & Associates
West Lake Hills, TX

Jon L. Gillum

Locke Lord LLP
Austin, TX

Lesli Ginn

Office of the Attorney General
Austin, TX

Susan Henricks

Hull Henricks LLP
Austin, TX

Hon. Diane M. Henson

Ikard Wynne LLP
Austin, TX

Mary A. Keeney

Graves Dougherty Hearon & Moody
Austin, TX

Kimberly L. Kiplin

Dykema Gossett PLLC
Austin, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Dudley D. McCalla

Of Counsel, Jackson Walker L.L.P.
Austin, TX

Janet I. Monteros

Texas Health and Human Services
El Paso, TX

Julie Caruthers Parsley

Parsley Coffin Renner
Austin, TX

Thomas M. Pollan

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Ted A. Ross

Office of the Attorney General
Austin, TX

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

J. Kay Trostle

Smith Trostle & Huerta LLP
Austin, TX

G. Alan Waldrop

Locke Lord LLP
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.75 hrs  |  3.25 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 – 13.75 hrs  |  3.25 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 – 16.50 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 – Aug 29-30, 2013 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $395.00 Regular pricing: Aug 21, 2013

$445.00 for registrations received after this time

Government Lawyer
Last day for $180.00 Regular pricing: Aug 21, 2013

$230.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $355.00 Regular pricing: Aug 21, 2013

$405.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $320.00 Regular pricing: Aug 21, 2013

$370.00 for registrations received after this time

Last day for cancellation (full refund): Aug 23, 2013

$50 processing fee applied after this date

Last day for cancellation: Aug 26, 2013

Venue

speaker

AT&T Conference Center

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

Parking Information

Free daily self-parking at AT&T Conference Center and UT Garages. Limited self-parking available.


Separate fees apply for valet and overnight parking. 

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