University of Texas School of Law
Conference art
TX Credit Info:
14.00 hrs
3.00 hrs Ethics
TX Specialization:
Administrative Law
Workers' Compensation Law
More Credit Info

9th Annual

Advanced Texas Administrative Law Seminar

Austin Aug 21-22, 2014 – AT&T Conference Center
Conference Concluded

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Also available as: Materials, In-House CLE


PRESENTED BY
The University of Texas School of Law
Administrative and Public Law Section of the State Bar of Texas (APLS)
Program Features
The Advanced Texas Administrative Law Seminar brings together members of the judiciary, regulatory and academic communities to engage with practitioners for discussion of the latest legislative and case law updates, rule changes and other timely topics.
 
2014 program highlights include:
  • Examination of the informal reprimand practices of Texas state agencies and the complex procedural issues they raise
  • Protective orders, hearing procedures and other ways to address protection of trade secrets in an administrative agency contested case
  • Explore the origins and practical realities of Texas Government Code Chapter 2260
  • Learn how to eFile at SOAH and in district and appellate courts
  • Discussion of the moral tribulations of agency counsel in balancing client loyalty and the privilege of confidentiality with the Bar rules of “special obligation for the quality of justice”
  • A 2015 Legislative session preview of the major issues of interest for administrative and government law practitioners
  • The popular Judicial Panel round-robin discussion with a Q&A for attendees
  • Earn up to 3.00 hours ethics credit
 
Registration includes course materials, luncheon presentations on both days, and free Wi-Fi.
 
Schedule

Thursday Morning, Aug. 21, 2014

Presiding Officer:
J. Kay Trostle, Smith Trostle & Huerta LLP - Austin, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:35 am
Welcoming Remarks

8:45 am

.50 hr

New and Noteworthy Administrative Law Cases

Discussion of selected administrative law cases of interest recently decided by or pending before the courts.

Steven Baron, Baron Consulting and Legal Services - Austin, TX
Materials By:
Dylan O. Drummond, K&L Gates LLP - Austin

9:15 am

.50 hr

Open Government Update

An exploration of recent developments and best practices in open government law from the perspectives of the Open Records Division of the Office of the Attorney General and a private practitioner, with discussion of the Public Information Act and the Open Meetings Act. 

Lauren E. Kleine, Office of the Attorney General - Austin, TX
Lori Anne Fixley Winland, Locke Lord LLP - Austin, TX

9:45 am

.75 hr

Chapter 2260—Texas’ Chimeric Alternative to Suits Against the State

Challenges to sovereign immunity in the 1990s led to the Legislature’s creation of a process that is part contract claim, part administrative procedure, and part legislative advice. Explore the origins and practical realities of Texas Government Code Chapter 2260.

Rob Schneider, Office of the Attorney General - Austin, TX
Patrick F. Thompson, Graves, Dougherty, Hearon & Moody - Austin, TX

10:30 am
Break

10:45 am

.50 hr

Rulemaking without the APA

A comprehensive review of ad hoc rulemaking in Texas law with comparisons to federal administrative law.

Donald N. Walker, Stone Loughlin & Swanson, LLP - Austin, TX

11:15 am

1.00 hr

eFiling: How To

How does eFiling work? A lesson on how to eFile at SOAH and in district and appellate courts.

Hon. Wendy K. L. Harvel, State Office of Administrative Hearings, Utilities - Austin, TX
Hon. Travis E. Vickery, State Office of Administrative Hearings - Austin, TX
Velva L. Price, Clark, Price & Trevino - Austin, TX
Carla McElroy, Travis County - Austin, TX
Lisa Bowlin Hobbs, Kuhn Hobbs PLLC - Austin, TX
Materials By:
Michelle Brinkman, Travis County - Austin, TX

12:15 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, Aug. 21, 2014

Presiding Officer:
Kimberly A. Frost, Martin Frost & Hill - Austin, TX

Luncheon Presentation

12:35 pm

.50 hr

Legislative Preview: What Administrative Lawyers Need to Know

A look at the Legislature's work over the interim and a 2015 Legislative session preview of the major issues that are of interest to administrative and government law practitioners.

Denise Davis, Davis Kaufman PLLC - Austin, TX

 
1:05 pm
Break

1:20 pm

.50 hr

Regulatory Takings

The tension between government agency regulation and private property rights is receiving increased attention from Texas courts. A review of the fundamentals of takings law and recent application by the judiciary.

Julie Anne Ford, George Brothers Kincaid Horton - Austin, TX

1:50 pm

.50 hr

Supersedeas: Is it a One-way Street?

The State likes to think it can supersede any judgment against it by filing a Notice of Appeal, but opposing parties have other ideas.

Mark W. Robinett, Brim, Arnett, Robinett & Conners, P.C. - Austin, TX

2:20 pm

.50 hr ethics

Texas Duties to Report Misconduct

In-depth coverage of broad legal and ethical duties to report misconduct to state government. Rather than focusing on the nuts and bolts of regular administrative reporting obligations, areas of uncertainty regarding the scope of the duty to report, as well as practical issues regarding select statutory duties, are considered.

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

2:50 pm
Break

3:00 pm

.50 hr

Extraordinary Relief: Mandamusing SOAH and Interim Appeals to Agency or Court from SOAH

An examination of the availability of appellate, mandamus and other remedies to challenge the interlocutory orders of administrative law judges in contested case proceedings and the fora in which such remedies may be sought.

J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
Colleen M. Regester, Third Court of Appeals - Austin, TX
Linda B. Secord, Office of the Attorney General - Austin, TX

3:30 pm

.75 hr ethics

A Quick and Dirty Guide to Technology in Law

An overview of the ethical obligation for lawyers to stay informed regarding current technology.

Dirk M. Jordan, Jordan Law Firm - Austin, TX

SOAH Judges Panels

4:15 pm

.50 hr
.25 hr ethics

SOAH Judges Panel: Team Leaders

Update of current team activities and any proposed changes from SOAH's Team Leaders.

Moderator:
Hon. Thomas H. Walston, State Office of Administrative Hearings, General Counsel - Austin, TX
Panelists:
Hon. John Holt Beeler, State Office of Administrative Hearings, Administrative License Revocation & Field Enforcement - Austin, TX
Hon. Gary W. Elkins, State Office of Administrative Hearings, Economic - Austin, TX
Hon. Wendy K. L. Harvel, State Office of Administrative Hearings, Utilities - Austin, TX
Hon. Suzanne Marshall, State Office of Administrative Hearings, Licensing & Enforcement - Austin, TX
Hon. William G. Newchurch, State Office of Administrative Hearings, Natural Resources - Austin, TX
Hon. Renee M. Rusch, State Office of Administrative Hearings, Alternative Dispute Resolution - Austin, TX
Hon. Victor John Simonds, State Office of Administrative Hearings, Tax - Austin, TX

4:45 pm

.50 hr

SOAH Judges: Best Practice Tips

Best practice tips including pro se representation.

Hon. Hunter W. Burkhalter, State Office of Administrative Hearings - Austin, TX
Hon. Joanne Marie Summerhays, State Office of Administrative Hearings - Austin, TX

 
5:15 pm
Adjourn

Friday Morning, Aug. 22, 2014

Presiding Officer:
James W. Checkley Jr., Cross Texas Transmission, LLC - Austin, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

.75 hr

Hybrid Administrative Practice: Groundwater Districts

Groundwater in Texas is privately owned but regulated by locally elected directors of groundwater districts. An examination of the high-stakes vagary of administrative practice before these districts combining elements of the APA with local politics, rules and procedures.  

William D. Dugat III, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
Steve Kosub, San Antonio Water System - San Antonio, TX

9:15 am

.50 hr

Prehearing Restrictions

Discussion of many of the options available to agencies to impose immediate sanctions, prior to adjudicating cases on their merits, the basis for such actions and the later relief available.

Scott M. Freshour, Texas Medical Board - Austin, TX
Michael R. Sharp, Sharp & Cobos - Austin, TX

9:45 am

.50 hr

Recent Developments and Questions Regarding Texas Occupational Code Chapter 53

Recent dissimilar (and interesting) interpretations of the law, how different agencies approach the law, and the effect of different criminal adjudications in agency licensing decisions. 

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

10:15 am

.50 hr

You've Been Warned: Reprimands in Texas Administrative Law

An examination of the informal reprimand practices of Texas state agencies and the complex procedural issues they raise, including the source of authority and consequences. 

Leah Barnett Gillum, Texas Department of Insurance - Austin, TX
Amanda Rapp Meesey, Texas Department of Insurance - Austin, TX

10:45 am
Break

11:00 am

.50 hr

Trade Secrets

Protective orders, hearing procedures and other ways to address protection of trade secrets in an administrative agency contested case.

Hon. Elizabeth Drews, State Office of Administrative Hearings - Austin, TX

11:30 am

.75 hr

Deference to Agency Interpretation of Statutes: Whether, When and How to Give It

The Texas Supreme Court has declined to formally adopt the federal Chevron deference standard. The Court has nevertheless given deference to agency interpretations of statutes. Federal and state deference cases are discussed with debate on the policy considerations for and against giving that deference. 

Moderator:
Dudley D. McCalla, Jackson Walker L.L.P. - Austin, TX
Panelists:
Mary A. Keeney, Graves, Dougherty, Hearon & Moody - Austin, TX
Linda B. Secord, Office of the Attorney General - Austin, TX

12:15 pm
Pick Up Lunch

Included in registration.

Friday Afternoon, Aug. 22, 2014

Presiding Officer:
Kimberly L. Kiplin, Duggins Wren Mann & Romero, LLP - Austin, TX

Luncheon Presentation

12:35 pm

.75 hr ethics

Lawyer on the Board

Lawyers have a long tradition of serving on boards of charitable and civic organizations on a voluntary basis. This relationship often causes the attorney to wear two hats—that of board member and that of lawyer to the organization. Learn how to navigate the various ethical issues that arise when a lawyer is on the board.

Dorothy Ann "D'Ann" Johnson, Texas RioGrande Legal Aid - Austin, TX

 
1:20 pm
Break

1:35 pm

.50 hr

Taxes in Administrative Law

Protecting taxpayers’ rights at the agency level and in court.

Dudley D. McCalla, Jackson Walker L.L.P. - Austin, TX
Steven D. Moore, Jackson Walker L.L.P. - Austin, TX

2:05 pm

.75 hr ethics

Being Sisyphus: The Moral Tribulations of Agency Counsel

Let us pity the beleaguered agency counsel, beset on all sides with demanders, detractors and moral conundrums. Between the People, the Legislature, the "Boss" and Rule 1.12, who is the client and where lies loyalty and obligation anyway? Who owns the privilege of confidentiality when the Legislature—or a prosecutor—comes sniffing around? Once agency counsel has told his/her fellow employees what the law might or might not say, what more is to be made of that “special obligation for the quality of justice” that the Bar rules so ominously hint at?

Lou Bright, Martin Frost & Hill - Austin, TX

2:50 pm

1.00 hr

Judicial Panel

An unscripted round-robin discussion allowing time for questions at the end.

Moderator:
Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
Hon. Amy Clark-Meachum, 201st Judicial District Civil Court - Austin, TX
Hon. J. Woodfin "Woodie" Jones, Third Court of Appeals - Austin, TX

3:50 pm
Adjourn

Speaker Contacts and Bios

Faculty

Conference Faculty

Steven Baron
Baron Consulting and Legal Services
Austin, TX
Hon. John Holt Beeler
State Office of Administrative Hearings, Administrative License Revocation & Field Enforcement
Austin, TX
J. Bruce Bennett
Cardwell, Hart & Bennett, L.L.P.
Austin, TX
Hon. Jeffrey S. Boyd
The Supreme Court of Texas
Austin, TX
Lou Bright
Martin Frost & Hill
Austin, TX
Michelle Brinkman
Travis County
Austin, TX
Hon. Hunter W. Burkhalter
State Office of Administrative Hearings
Austin, TX
Hon. Amy Clark-Meachum
201st Judicial District Civil Court
Austin, TX
Denise Davis
Davis Kaufman PLLC
Austin, TX
James E. Davis
Locke Lord LLP
Austin, TX
Hon. Elizabeth Drews
State Office of Administrative Hearings
Austin, TX
Dylan O. Drummond
K&L Gates LLP
Austin
William D. Dugat III
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
Hon. Gary W. Elkins
State Office of Administrative Hearings, Economic
Austin, TX
Julie Anne Ford
George Brothers Kincaid Horton
Austin, TX
Scott M. Freshour
Texas Medical Board
Austin, TX
Jon L. Gillum
Locke Lord LLP
Austin, TX
Leah Barnett Gillum
Texas Department of Insurance
Austin, TX
Hon. Wendy K. L. Harvel
State Office of Administrative Hearings, Utilities
Austin, TX
Lisa Bowlin Hobbs
Kuhn Hobbs PLLC
Austin, TX
Dorothy Ann "D'Ann" Johnson
Texas RioGrande Legal Aid
Austin, TX
Hon. J. Woodfin "Woodie" Jones
Third Court of Appeals
Austin, TX
Dirk M. Jordan
Jordan Law Firm
Austin, TX
Mary A. Keeney
Graves, Dougherty, Hearon & Moody
Austin, TX
Lauren E. Kleine
Office of the Attorney General
Austin, TX
Steve Kosub
San Antonio Water System
San Antonio, TX
Hon. Suzanne Marshall
State Office of Administrative Hearings, Licensing & Enforcement
Austin, TX
Dudley D. McCalla
Jackson Walker L.L.P.
Austin, TX
Carla McElroy
Travis County
Austin, TX
Steven D. Moore
Jackson Walker L.L.P.
Austin, TX
Hon. William G. Newchurch
State Office of Administrative Hearings, Natural Resources
Austin, TX
Velva L. Price
Clark, Price & Trevino
Austin, TX
Amanda Rapp Meesey
Texas Department of Insurance
Austin, TX
Jason Ray
Riggs Aleshire & Ray, P.C.
Austin, TX
Colleen M. Regester
Third Court of Appeals
Austin, TX
Mark W. Robinett
Brim, Arnett, Robinett & Conners, P.C.
Austin, TX
Hon. Renee M. Rusch
State Office of Administrative Hearings, Alternative Dispute Resolution
Austin, TX
Rob Schneider
Office of the Attorney General
Austin, TX
Linda B. Secord
Office of the Attorney General
Austin, TX
Hon. Howard S. Seitzman
State Office of Administrative Hearings
Austin, TX
Michael R. Sharp
Sharp & Cobos
Austin, TX
Hon. Victor John Simonds
State Office of Administrative Hearings, Tax
Austin, TX
Hon. Joanne Marie Summerhays
State Office of Administrative Hearings
Austin, TX
Patrick F. Thompson
Graves, Dougherty, Hearon & Moody
Austin, TX
Hon. Travis E. Vickery
State Office of Administrative Hearings
Austin, TX
Donald N. Walker
Stone Loughlin & Swanson, LLP
Austin, TX
Hon. Thomas H. Walston
State Office of Administrative Hearings, General Counsel
Austin, TX
Lori Anne Fixley Winland
Locke Lord LLP
Austin, TX

Planning Committee

J. Kay Trostle—Chair
Smith Trostle & Huerta LLP
Austin, TX
Steven Baron
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
Martin Frost & Hill
Austin, TX
James W. Checkley Jr.
Cross Texas Transmission, LLC
Austin, TX
James E. Davis
Locke Lord LLP
Austin, TX
Kimberly A. Frost
Martin Frost & Hill
Austin, TX
Jon L. Gillum
Locke Lord LLP
Austin, TX
Susan Henricks
Hull Henricks LLP
Austin, TX
Kimberly L. Kiplin
Duggins Wren Mann & Romero, LLP
Austin, TX
Steve Kosub
San Antonio Water System
San Antonio, TX
Hollis L. Levy
Austin, TX
Dudley D. McCalla
Jackson Walker L.L.P.
Austin, TX
Janet I. Monteros
Texas Health and Human Services
El Paso, TX
Thomas M. Pollan
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
Ted A. Ross
Office of the Attorney General
Austin, TX
Linda B. Secord
Office of the Attorney General
Austin, TX
Hon. Howard S. Seitzman
State Office of Administrative Hearings
Austin, TX
Andrea Moore Stover
Graves, Dougherty, Hearon & Moody
Austin, TX
Donald N. Walker
Stone Loughlin & Swanson, LLP
Austin, TX
Credit Information

MCLE Credit

Texas
14.00 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Administrative Law, Workers' Compensation Law
Additional Information
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.  
California
14.00 hrs  |  3.00 hrs Ethics
Additional Information
Live Conferences: 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.  
Oklahoma
17.00 hrs  |  3.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

TX Accounting CPE
17.00 hrs
Key Dates

Austin

  • Last day for Individual early registration: Aug 13, 2014
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: Aug 13, 2014
    Add $50 for registrations received after this time
  • Last day for APLS Member - Individual early registration: Aug 13, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 15, 2014
  • Last day for cancellation (partial refund): Aug 18, 2014
    $50 processing fee applied

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
512.404.3600 (reservations)
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