Overview

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.
 

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • 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
    0.50 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
    0.50 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
    0.75 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
    0.50 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
    0.50 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
    0.50 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
    0.50 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
    0.50 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
    0.50 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
    0.75 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
    0.50 hr
    0.25 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
    0.50 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

  • Time
    Credit
    Subject
    Speaker
  • 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
    0.75 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
    0.50 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
    0.50 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
    0.50 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
    0.50 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
    0.75 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
    0.75 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
    0.50 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
    0.75 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

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 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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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 21-22, 2014 – AT&T Conference Center
Conference Concluded
Buy
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 Group 10% (5-9) (5 registrants minimum) early registration: Aug 13, 2014

Add $50 for registrations received after this time

Last day for Group 20% (10+) (10 registrants minimum) early registration: Aug 13, 2014

Add $-50 for registrations received after this time

Last day for cancellation (full refund): Aug 15, 2014

$50 processing fee applied after this date

Last day for cancellation: Aug 18, 2014

Venue

speaker

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

Subscribe to Our Hooked on CLE Monthly Newsletter