10^th Annual

Advanced Texas Administrative Law Seminar

Austin Aug 31 - Sep 1, 2015 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 (APLS)

Download Brochure (PDF)

Overview

The Advanced Texas Administrative Law Seminar brings together members of the judiciary, regulatory and academic communities to engage with practitioners to discuss the latest legislative and case law updates, rule changes and other timely topics.

2015 program highlights:

A discussion of significant administrative law cases issued during the last year
Ann Bright and April Glass Griffin discuss the bills enacted by the 84th Texas Legislature that impact administrative law practitioners
A look at the new Texas administration, including Governor Greg Abbott and the new Attorney General
Director of the Sunset Advisory Commission, Ken Levine, explores major changes in Sunset legislation from the past year
John D. Moore of the Texas Ethics Commission provides the dos and don’ts of communicating with Texas branches of government
Multiple SOAH Judges discuss legislation from the 84th Texas Legislature
Hon. Darlene Byrne highlights opportunities for attorneys to provide pro bono legal services to individuals who cannot afford them
Hon. Craig R. Bennett moderates the always popular Judicial Panel round-robin discussion with Q&A for attendees
Earn up to 3.25 hours of ethics credit
Interact and network with program faculty and attendees during the Monday Evening Networking Reception

Registration includes course materials, luncheon presentations on both days, networking reception and free Wi-Fi.

Event Schedule

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

Day 1 August 31, 2015
Day 2 September 1, 2015

Time

Credit

Subject

Speaker
Monday Morning, Aug. 31, 2015
Presiding Officer:
Kimberly L. Kiplin, Duggins Wren Mann & Romero, LLP - Austin, TX
7:30 am

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

0.50 hr

Case Law Update: Part I

A discussion of significant administrative law cases issued during the last year.

Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX
Elizabeth R. B. Sterling, Office of the Attorney General - Austin, TX
Mark L. Walters, Jackson Walker L.L.P. - Austin, TX
9:00 am

0.50 hr

Open Government Update

An overview of recent legislation and judicial decisions concerning the Texas Public Information Act and the Texas Open Meetings Act.

Kimberly L. Fuchs, Office of the Attorney General - Austin, TX
Lori Anne Fixley Winland, Locke Lord LLP - Austin, TX
9:30 am

0.50 hr

Legislative Update

A focus on the bills enacted by the 84th Texas Legislature that impact administrative law practitioners.

Ann Bright, Texas Parks and Wildlife Department - Austin, TX
April Glass Griffin, Department of Assistive and Rehabilitative Services - Austin, TX
10:00 am

0.50 hr

New Texas Administration: The New Governor

A discussion of the main policies for Governor Greg Abbott.

DeAnn Thomason Walker, Office of the Governor - Austin, TX
10:30 am

Break
10:45 am

0.50 hr

New Texas Administration: The New Attorney General

Analyze the transition in the Office of the Attorney General.

James E. Davis, Office of the Attorney General - Austin, TX
David A. Talbot Jr., Office of the Attorney General - Austin, TX
11:15 am

0.75 hr ethics

Too Many Entities at the State and on the Private Side

Agency attorneys have too many bites at the apple, while private attorneys face too many entities.

Thomas H. Watkins, Husch Blackwell LLP - Austin, TX
12:00 pm

0.50 hr

Doing Business with the State

A highlight of key issues that are unique to contracting with the government, including the role of sovereign immunity and the Chapter 2260 process as well as the governing law and practice.

Lesli Ginn, Office of the Attorney General - Austin, TX
Rob Schneider Jr., Office of the Attorney General - Austin, TX
12:30 pm

Pick Up Lunch

Included in registration.
Monday Afternoon, Aug. 31, 2015
Presiding Officer:
Lesli Ginn, Office of the Attorney General - Austin, TX
LUNCHEON PRESENTATION
12:50 pm

0.75 hr ethics

Zen and the Art of Advocacy

When you do something, you should do it with your whole body and mind, you should be concentrated on what you do. You should do it completely, like a good bonfire.

Hon. John K. Dietz, Retired, 250th District Court - Austin, TX
1:35 pm

Break
1:50 pm

0.75 hr

Sunset Overview

Explore the major changes in Sunset legislation from the 84th Texas Legislature, with a look to the upcoming Sunset agency reviews.

Ken Levine, Sunset Advisory Commission - Austin, TX
2:35 pm

0.50 hr ethics

Issues You Ought to Know at the Ethics Commission

What is lobbying? The dos and don'ts of directly communicating with members of the legislative and executive branches of government in Texas.

John D. Moore, Texas Ethics Commission - Austin, TX
3:05 pm

0.50 hr ethics

Revolving Door Issues

Review the revolving door provisions applicable to Texas state officers and employees.

Edward M. Shack, Attorney at Law - Austin, TX
3:35 pm

Break
3:45 pm

0.50 hr

Commercial Regulation and the First Amendment

Examine the state of First Amendment law as it applies to commercial speech and the issues that administrative practitioners may encounter when challenging or defending regulations that may impede free speech.

This session has moved to 11:30 AM Tuesday.

Andres S. Medrano, Gardere Wynne Sewell LLP - Austin, TX
4:15 pm

0.75 hr

SOAH Judicial Panel

SOAH, Sunset Legislation, and selected other legislation from the 84th Texas Legislature.

Hon. Cathleen Parsley, Chief Administrative Law Judge, State Office of Administrative Hearings - Austin, TX
Hon. Thomas H. Walston, General Counsel, State Office of Administrative Hearings - Austin, TX
Hon. William G. Newchurch, Natural Resources, State Office of Administrative Hearings - Austin, TX
Hon. Pratibha J. Shenoy, State Office of Administrative Hearings - Austin, TX
5:00 pm

Adjourn
NETWORKING RECEPTION (5:00 p.m. to 6:30 p.m.)

THANK YOU TO THE ADMINISTRATIVE AND PUBLIC LAW SECTION

Join us for drinks and hors d'oeuvres with program faculty and attendees.

Time

Credit

Subject

Speaker
Tuesday Morning, Sep. 1, 2015
Presiding Officer:
Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX
7:30 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr

Case Law Update: Part II

A continuation of the discussion of significant administrative law cases issued during the last year.

Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX
Elizabeth R. B. Sterling, Office of the Attorney General - Austin, TX
Mark L. Walters, Jackson Walker L.L.P. - Austin, TX
9:00 am

0.75 hr

Navigating the Waters of Multi-Agency Regulation: Pointers and Pitfalls for Practitioners

A discussion concerning the challenges that arise from cross-agency regulation and suggested practices for addressing them.

James E. Davis, Office of the Attorney General - Austin, TX
Jon L. Gillum, Locke Lord LLP - Austin, TX
Leah Gillum, Texas Department of Insurance - Austin, TX
Catherine Reyer, Texas Department of Banking - Austin, TX
Michael Rigby, Office of Consumer Credit Commissioner - Austin, TX
9:45 am

0.50 hr

Changing Discovery Rules in Complex Administrative Contested-Case Proceedings

Do complex administrative cases warrant restricted discovery across the board? A look at the Railroad Commission’s new discovery rules in its gas utility cases and the potential for similar restrictions in other types of cases.

Robert G. Hargrove, Osborn, Griffith & Hargrove - Austin, TX
J. Kay Trostle, Smith Trostle & Huerta LLP - Austin, TX
10:15 am

0.50 hr

Fitness Determinations and Mental Health Diagnoses under the ADA

The Louisiana Supreme Court and the U.S. Department of Justice made a settlement agreement in 2014 requiring the state to revise its inquiries and licensing procedures for applicants with certain mental health diagnoses, shifting the focus from diagnosis to history of related misconduct.

Susan Henricks, Texas Board of Law Examiners - Austin, TX
10:45 am

Break
11:00 am

0.50 hr

Statutory Interpretation

The fundamentals of statutory construction.

Ron Beal, Baylor Law School - Waco, TX
11:30 am

0.50 hr

Ultra Vires and Governmental Entities and Officials: How to Plead It and Can You Prove It?

Issues and cases addressing the doctrine of ultra vires, including ministerial vs. discretionary acts, acting beyond the scope of authority, retrospective vs. prospective relief, and statutory construction.

This session has moved to 3:45 PM Monday.

Ted A. Ross, Office of the Attorney General - Austin, TX
Co-Author:
Nichole Bunker-Henderson, Texas Education Agency - Austin, TX
12:00 pm

Pick Up Lunch

Included in registration.
Tuesday Afternoon, Sep. 1, 2015
Presiding Officer:
Linda B. Secord, Office of the Attorney General - Austin, TX
LUNCHEON PRESENTATION
12:20 pm

0.75 hr ethics

A Law License = $30,000 to $250,000 + Opportunities to Give Back through Pro Bono Service = Priceless

Judge Byrne highlights legal challenges faced by ordinary citizens and their struggles in attempting to affordably access the justice system with a focus on the Bar’s obligation to keep the doors to the courthouse open and opportunities for attorneys to help provide pro bono legal services to individuals who cannot afford legal services.

Hon. Darlene Byrne, 126th District Court - Austin, TX
1:05 pm

Break
1:20 pm

0.50 hr

Primary vs. Exclusive Jurisdiction and Pleas to the Jurisdiction Analysis

A focus on recent cases involving issues of primary and exclusive jurisdiction and the process for analyzing pleas to the jurisdiction filed in district court.

J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
Hon. J. Woodfin "Woodie" Jones, Alexander Dubose Jefferson & Townsend LLP - Austin, TX
Colleen M. Regester, Third Court of Appeals - Austin, TX
1:50 pm

0.50 hr

Licensing-Related Issues and Updates on Chapter 53, Occupations Code

Learn the nuances of past or pending criminal actions on licensing, including updates on Chapter 53, Occupations Code, such as what constitutes a criminal conviction, how old can a conviction be, when an individual’s conviction can be applied to an entity who is the license holder, how can agency determinations be challenged, and what law governs.

Franklin Hopkins, Germer Gertz Beaman & Brown PLLC - Austin, TX
Della M. Lindquist, Texas Department of Licensing and Regulation - Austin, TX
Jennifer S. Riggs, Riggs & Ray, P.C. - Austin, TX
2:20 pm

0.50 hr

Historical Perspective

Where we’ve been and where we’re going, the APA from 1975 until now and beyond.

Dudley D. McCalla, Jackson Walker L.L.P. - Austin, TX
2:50 pm

1.00 hr

Judicial Panel

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

Moderator:
Hon. Craig R. Bennett, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
Hon. Lora J. Livingston, 261st District Court - Austin, TX
Hon. Jeffrey L. Rose, Third Court of Appeals - Austin, TX
3:50 pm

Adjourn

Day 1 August 31, 2015
Day 2 September 1, 2015

Download Schedule

Conference Faculty

Ron Beal

Baylor Law School
Waco, TX

Hon. Craig R. Bennett

State Office of Administrative Hearings
Austin, TX

J. Bruce Bennett

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

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Ann Bright

Texas Parks and Wildlife Department
Austin, TX

Nichole Bunker-Henderson

Texas Education Agency
Austin, TX

Hon. Darlene Byrne

126th District Court
Austin, TX

James E. Davis

Office of the Attorney General
Austin, TX

Hon. John K. Dietz

Retired, 250th District Court
Austin, TX

Kimberly L. Fuchs

Office of the Attorney General
Austin, TX

Jon L. Gillum

Locke Lord LLP
Austin, TX

Leah Gillum

Texas Department of Insurance
Austin, TX

Lesli Ginn

Office of the Attorney General
Austin, TX

April Glass Griffin

Department of Assistive and Rehabilitative Services
Austin, TX

Robert G. Hargrove

Osborn, Griffith & Hargrove
Austin, TX

Susan Henricks

Texas Board of Law Examiners
Austin, TX

Franklin Hopkins

Germer Gertz Beaman & Brown PLLC
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Ken Levine

Sunset Advisory Commission
Austin, TX

Della M. Lindquist

Texas Department of Licensing and Regulation
Austin, TX

Hon. Lora J. Livingston

261st District Court
Austin, TX

Dudley D. McCalla

Jackson Walker L.L.P.
Austin, TX

Andres S. Medrano

Gardere Wynne Sewell LLP
Austin, TX

John D. Moore

Texas Ethics Commission
Austin, TX

Hon. William G. Newchurch

Natural Resources, State Office of Administrative Hearings
Austin, TX

Hon. Cathleen Parsley

Chief Administrative Law Judge, State Office of Administrative Hearings
Austin, TX

Laurie Ratliff

Ikard Golden Jones P.C.
Austin, TX

Colleen M. Regester

Third Court of Appeals
Austin, TX

Catherine Reyer

Texas Department of Banking
Austin, TX

Michael Rigby

Office of Consumer Credit Commissioner
Austin, TX

Jennifer S. Riggs

Riggs & Ray, P.C.
Austin, TX

Hon. Jeffrey L. Rose

Third Court of Appeals
Austin, TX

Ted A. Ross

Office of the Attorney General
Austin, TX

Rob Schneider Jr.

Office of the Attorney General
Austin, TX

Edward M. Shack

Attorney at Law
Austin, TX

Hon. Pratibha J. Shenoy

State Office of Administrative Hearings
Austin, TX

Elizabeth R. B. Sterling

Office of the Attorney General
Austin, TX

David A. Talbot Jr.

Office of the Attorney General
Austin, TX

J. Kay Trostle

Smith Trostle & Huerta LLP
Austin, TX

DeAnn Thomason Walker

Office of the Governor
Austin, TX

Hon. Thomas H. Walston

General Counsel, State Office of Administrative Hearings
Austin, TX

Mark L. Walters

Jackson Walker L.L.P.
Austin, TX

Thomas H. Watkins

Husch Blackwell LLP
Austin, TX

Lori Anne Fixley Winland

Locke Lord LLP
Austin, TX

Planning Committee

Kimberly L. Kiplin—Chair

Duggins Wren Mann & Romero, 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
West Lake Hills, TX

Derek L. Burkhalter

Texas Department of Public Safety
Austin, TX

James W. Checkley Jr.

Cross Texas Transmission, LLC
Austin, TX

James E. Davis

Office of the Attorney General
Austin, TX

David C. Duggins

Duggins Wren Mann & Romero, LLP
Austin, TX

Kimberly A. Frost

Martin Frost & Hill
West Lake Hills, TX

Jon L. Gillum

Locke Lord LLP
Austin, TX

Lesli Ginn

Office of the Attorney General
Austin, TX

Robert G. Hargrove

Osborn, Griffith & Hargrove
Austin, TX

Susan Henricks

Texas Board of Law Examiners
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Alexander Dubose Jefferson & Townsend LLP
Austin, TX

Steve Kosub

San Antonio Water System
San Antonio, 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

Hon. Howard S. Seitzman

State Office of Administrative Hearings
Austin, TX

J. Kay Trostle

Smith Trostle & Huerta LLP
Austin, TX

Donald N. Walker

Stone Loughlin & Swanson, LLP
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 14.00 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.

California – 14.00 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.

Oklahoma – 17.00 hrs | 4.00 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

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 31 - Sep 1, 2015 – AT&T Conference Center

Conference Concluded

Buy

Austin

Individual
Last day for $425.00 Regular pricing: Aug 21, 2015

$475.00 for registrations received after this time

Government Attorney
Last day for $195.00 Regular pricing: Aug 31, 2015

$245.00 for registrations received after this time

APLS Member - Individual
Last day for $410.00 Regular pricing: Aug 21, 2015

$460.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $385.00 Regular pricing: Aug 21, 2015

$435.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $340.00 Regular pricing: Aug 21, 2015

$390.00 for registrations received after this time

Last day for cancellation (full refund): Aug 24, 2015

$50 processing fee applied after this date

Last day for cancellation: Aug 26, 2015

Venue

AT&T Conference Center

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

10th Annual

Advanced Texas Administrative Law Seminar

Austin Aug 31 - Sep 1, 2015 AT&T Conference Center Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Monday Morning, Aug. 31, 2015

Monday Afternoon, Aug. 31, 2015

Tuesday Morning, Sep. 1, 2015

Tuesday Afternoon, Sep. 1, 2015

Conference Faculty

Ron Beal

Hon. Craig R. Bennett

J. Bruce Bennett

Hon. Jeffrey S. Boyd

Ann Bright

Nichole Bunker-Henderson

Hon. Darlene Byrne

James E. Davis

Hon. John K. Dietz

Kimberly L. Fuchs

Jon L. Gillum

Leah Gillum

Lesli Ginn

April Glass Griffin

Robert G. Hargrove

Susan Henricks

Franklin Hopkins

Hon. J. Woodfin "Woodie" Jones

Ken Levine

Della M. Lindquist

Hon. Lora J. Livingston

Dudley D. McCalla

Andres S. Medrano

John D. Moore

Hon. William G. Newchurch

Hon. Cathleen Parsley

Laurie Ratliff

Colleen M. Regester

Catherine Reyer

Michael Rigby

Jennifer S. Riggs

Hon. Jeffrey L. Rose

Ted A. Ross

Rob Schneider Jr.

Edward M. Shack

Hon. Pratibha J. Shenoy

Elizabeth R. B. Sterling

David A. Talbot Jr.

J. Kay Trostle

DeAnn Thomason Walker

Hon. Thomas H. Walston

Mark L. Walters

Thomas H. Watkins

Lori Anne Fixley Winland

Planning Committee

Kimberly L. Kiplin—Chair

Steven Baron

J. Bruce Bennett

Ann Bright

Lou Bright

Derek L. Burkhalter

James W. Checkley Jr.

James E. Davis

David C. Duggins

Kimberly A. Frost

Jon L. Gillum

Lesli Ginn

Robert G. Hargrove

Susan Henricks

Hon. J. Woodfin "Woodie" Jones

Steve Kosub

Dudley D. McCalla

Janet I. Monteros

Thomas M. Pollan

Ted A. Ross

Hon. Howard S. Seitzman

J. Kay Trostle

Donald N. Walker

10^th Annual

Austin Aug 31 - Sep 1, 2015 AT&T Conference Center
Conference Concluded