About

The Advanced Texas Administrative Law Seminar brings together members of the judiciary, as well as regulatory and academic communities, to engage with practitioners to discuss the latest legislative and case law updates, rule changes and other timely topics.
 
2016 program highlights include:

  • Discussion of significant administrative law cases issued during the last year, plus updates on open government legislation, motions for rehearing, governmental immunity, and developments at the State Office of Administrative Hearings
  • Exploration of hot topics, including the Use or Abuse of Social Media by Texas Administrative AgenciesData Breaches, and Contracting after the 2015 Legislative Session
  • Agency Spotlight: Employees Retirement System of Texas with Porter Wilson, Executive Director
  • Top Ten Tips for Drafting Legislation with Erin Smith of the Texas Legislative Counsel
  • A deep dive into the rules and rulemaking, including a panel discussion on Rules and Rulemaking: The Need and Prospects for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges
  • Hon. Suzanne Formby Marshall moderates the annual unscripted round-robin discussion among members of the judiciary, featuring Hon. Jeffrey S. Boyd, Hon. Jeffrey L. Rose and Hon. Amy Clark-Meachum
  • Multiple opportunities to network and connect, including a Thursday Evening Networking Reception!

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    Presiding Officer:
    Hon. Lesli Ginn, State Office of Administrative Hearings - Austin, TX
  • 7:30 am
    Austin Only
    Registration Opens

    Includes continental breakfast.
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.50 hr
    Case Law Update: Part I

    Andres S. Medrano, Gardere Wynne Sewell LLP - Austin, TX
    Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX

    Discuss significant administrative law cases issued during the last year.
  • 9:00 am
    0.50 hr
    Open Government Update
    This session has moved to 12:50 PM Thursday

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

    Review recent legislation and judicial decisions concerning the Texas Public Information Act and the Texas Open Meetings Act.
  • 9:30 am
    0.50 hr
    Motion for Rehearing Update

    John H. H. Bennett, Office of Senator Craig Estes - Austin, TX

    An examination of the intent and key provisions of Senate Bill 1267, which recently amended the notice and rehearing provisions of the Texas Administrative Procedure Act.
  • 10:00 am
    0.50 hr
    Contracting after the 2015 Legislative Session: New Reporting and Oversight Requirements

    Ann Bright, Texas Parks and Wildlife Department - Austin, TX
    Sydney W. Falk Jr., Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    A discussion of the significant legislation relating to contracting with governmental bodies enacted by the 84th Texas Legislature, including new requirements for monitoring and disclosures.
  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Chapter 55 Implementation: Veterans and Licensing

    Moderator:
    Randy Nesbitt, Texas Department of Licensing and Regulation - Austin, TX
    Panelists:
    Virginia S. Fields, Texas Department of Licensing and Regulation - Austin, TX
    Douglas A. Jennings, Texas Department of Licensing and Regulation - Austin, TX

    A brief history and discussion of implementing legislation designed to bridge the gap for veterans reentering the workforce, with practice tips for expediting veteran licensure.
  • 11:15 am
    0.75 hr
    0.25 hr ethics
    Licensing: Temporary Suspensions and Convictions

    Franklin Hopkins, Germer Gertz Beaman & Brown PLLC - Austin, TX
    Joseph T. Marcee, Law Office of Joseph T. Marcee - Georgetown, TX

    Explore the current landscape of temporary suspensions and criminal dispositions. Learn what the government has to prove in these proceedings, develop effective rebuttal strategies, and understand the difference between deferred adjudication and deferred prosecution.
  • 12:00 pm
    0.50 hr
    Top Ten Tips for Drafting Legislation

    Erin Smith, Texas Legislative Council - Austin, TX

    In anticipation of the upcoming legislative session, get the expert's advice on some best practices for preparing and analyzing bills and amendments.
  • 12:30 pm
    Austin Only
    Pick Up Lunch (Austin)

    Included in registration
  • Thursday Afternoon
    Presiding Officer:
    Janet I. Monteros, Texas Health and Human Services Commission - El Paso, TX
  • LUNCHEON PRESENTATION
  • 12:50 pm
    0.50 hr
    0.25 hr ethics
    The Civility Oath
    This session has moved to 9:00 AM Thursday

    Kirk Watson, Texas State Senate, District 14 - Austin, TX

    Recent changes to the Texas Lawyer's Oath put the state’s citizens firmly behind the idea that Texas lawyers and judges should conduct themselves with the highest standards of civility and professionalism. Hear one legislator's take on the new oath and on the current state of the practice.
  • 1:20 pm
    Break

  • 1:35 pm
    0.50 hr
    Challenges to Agency Rules

    Dudley D. McCalla, Of Counsel, Jackson Walker LLP - Austin, TX

    The Legislature creates agencies and grants them rulemaking authority. Statutes also provide an opportunity to comment on proposed rules, to require agencies to justify their rules, and to challenge rules believed to impair rights or privileges of affected entities. Hear a review of the authority granted to agencies and examine the rulemaking challenges in the current landscape.
  • 2:05 pm
    0.50 hr
    What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law

    Steven Baron, Baron Consulting and Legal Services - Austin, TX

    When must a Texas administrative agency use the APA’s notice-and-comment rulemaking procedures? When is a statement by an agency or an agency official considered to be a rule that can be challenged in an APA declaratory judgment action? A review of the case law sheds some light on these mysteries.
  • 2:35 pm
    1.00 hr
    Rules and Rulemaking: The Need for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges

    Moderator:
    Steven Baron, Baron Consulting and Legal Services - Austin, TX
    Panelists:
    Dudley D. McCalla, Of Counsel, Jackson Walker LLP - Austin, TX
    Kristofer S. Monson, Office of the Attorney General - Austin, TX
    Donald N. Walker, Stone Loughlin & Swanson, LLP - Austin, TX

    Is Texas law on rules and rulemaking procedures as muddled as some say? What are the prospects for clarification by the Texas Supreme Court? When can a rule be challenged on substantive due course of law grounds under the Court’s decision in Patel v. Texas Department of Licensing and Regulation? A panel of experienced administrative law practitioners discusses these issues.
  • 3:35 pm
    Break

  • 3:45 pm
    0.50 hr
    Texas v. United States: Procedural Lessons Learned

    Linda B. Secord, Office of the Attorney General - Austin, TX
    Mark L. Walters, Jackson Walker LLP - Austin, TX

    Explore the important procedural differences between state and federal administrative law practice.
  • 4:15 pm
    0.50 hr
    State Office of Administrative Hearings Update

    Hon. Lesli Ginn, State Office of Administrative Hearings - Austin, TX
    Hon. Tom Walston, State Office of Administrative Hearings - Austin, TX

    Hear an update on developments at SOAH, including implementation of Sunset recommendations, rule amendments, plans for an electronic case management system, and other items of interest.
  • 4:45 pm
    0.75 hr
    State Office of Administrative Hearings Judicial Panel

    Hon. Hunter Burkhalter, State Office of Administrative Hearings - Austin, TX
    Hon. Roy Scudday, State Office of Administrative Hearings - Austin, TX
    Hon. Rebecca Smith, State Office of Administrative Hearings - Austin, TX
    Hon. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX

    A discussion of recent developments at SOAH, including the use of mass dockets, new procedural rules, access for self-represented litigants, and other procedural matters.
  • 5:30 pm
    Adjourn


  • Austin Only
    NETWORKING RECEPTION (in Austin from 5:30 p.m. to 6:30 p.m.)

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

    THANK YOU TO OUR RECEPTION SPONSOR
    The Administrative and Public Law Section of the State Bar of Texas
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    Presiding Officer:
    Susan Henricks, Texas Board of Law Examiners - Austin, TX
  • 7:30 am
    Austin Only
    Conference Room Opens

    Includes continental breakfast.
  • 8:30 am
    0.50 hr
    Case Law Update: Part II

    Andres S. Medrano, Gardere Wynne Sewell LLP - Austin, TX
    Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX

    A continuation of the discussion of significant administrative law cases issued during the last year.
  • 9:00 am
    0.50 hr ethics
    Who is Your Client?

    James E. Davis, Office of the Attorney General - Austin, TX

    A discussion of the role of the Attorney General in the attorney-client relationship.
  • 9:30 am
    0.50 hr
    Governmental Immunity Review

    Emily R. Jolly, Enoch Kever PLLC - Austin, TX

    A review of recent Supreme Court of Texas decisions on governmental immunity, with a focus on the Court’s application of the governmental-proprietary dichotomy in the context of contract claims.
  • 10:00 am
    0.50 hr
    Use or Abuse of Social Media by Texas Administrative Agencies

    Steve Kosub, San Antonio Water System - San Antonio, TX

    On December 14, 2015, the U.S. General Accounting Office issued Ruling B-326944 regarding application of federal publicity or propaganda and anti-lobbying provisions to certain social media activities of the Environmental Protection Agency. Is this a uniquely federal issue, or a new concern for agency counsel in Texas? What law or policies restrict use of social media by Texas agencies?
  • 10:30 am
    Break

  • 10:45 am
    0.50 hr ethics
    Data Breaches

    Claudia V. Escobar, Texas Department of Information Resources - Austin, TX
    April G. Griffin, Office of the Attorney General - Austin, TX

    Best practices for avoiding breaches and addressing them when they occur.
  • 11:15 am
    0.50 hr ethics
    Impaired Attorneys and the Texas Lawyers’ Assistance Program

    Allan K. DuBois, Immediate Past President, State Bar of Texas - Austin, TX

    Learn about the lifesaving services of the Texas Lawyers Assistance Program, and the Sheeran Crowley Memorial Trust, which assist lawyers, judges and law students who are dealing with substance abuse and/or mental health disorders. These disorders can impact a law practice—hear about services available to restore the lawyer’s life and practice to one of the highest ethical standards.
  • 11:45 am
    0.50 hr
    Agency Spotlight: Employees Retirement System of Texas (ERS)

    Porter Wilson, Executive Director, Employees Retirement System of Texas - Austin, TX

    Hear an overview of current activity at ERS, whose mission is to provide competitive benefits in support of the State of Texas workforce. The ever-changing benefits and budget landscape offers continual challenges in meeting this mission, with real impacts to employees and their families.
  • 12:15 pm
    Austin Only
    Pick Up Lunch (Austin)

    Included in registration
  • Friday Afternoon
    Presiding Officer:
    James W. Checkley Jr., Cross Texas Transmission, LLC - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:35 pm
    0.50 hr ethics
    Pro Bono Opportunities

    Cicely C. Reid, Disability Rights Texas - Houston, TX

    Learn about the advocacy and volunteer opportunities at Disability Rights Texas (DRTx), the federally-designated protection and advocacy organization for the State of Texas. Hear about the services available to Texans living with disabilities and the pro bono volunteer lawyer opportunities to work on DRTx cases.
  • 1:05 pm
    Break

  • 1:20 pm
    0.50 hr
    The Meaning of Inaction

    Hon. Lesli Ginn, State Office of Administrative Hearings - Austin, TX

    Explore the concept of legislative acquiescence in Texas law.
  • 1:50 pm
    0.50 hr
    Agency Deference at the Texas Supreme Court

    James E. Davis, Office of the Attorney General - Austin, TX
    Brantley D. Starr, Office of the Attorney General - Austin, TX

    An overview of the Court’s view of agency deference and the interplay between how the Court construes statutes and when it defers to agencies.
  • 2:20 pm
    0.50 hr
    Forcing the Agency’s Hand: Right to Final Agency Action and Judicial Review of Temporary Suspension Orders post-Wiseman

    Dan Lype, Leichter Law Firm - Austin, TX
    Rodney Montes, Montes Law Practice - Austin, TX

    Analyze the exhaustion of administrative remedies doctrine as applied to temporary agency actions such as temporary suspensions, the practical effects, such as an elongated suspension period, of temporary agency action, and the right of the licensee to appeal such actions prior to a final agency order post the Wiseman appellate decision.  
  • 2:50 pm
    1.00 hr
    Judicial Panel

    Moderator:
    Hon. Suzanne Formby Marshall, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Hon. Jeffrey S. Boyd, The Supreme Court of Texas - Austin, TX
    Hon. Jeffrey L. Rose, Third Court of Appeals - Austin, TX
    Hon. Amy Clark-Meachum, 201st Judicial District Civil Court - Austin, TX

    An unscripted round-robin discussion.
  • 3:50 pm
    Adjourn

Conference Faculty

Steven Baron

Baron Consulting and Legal Services
Austin, TX

John H. H. Bennett

Office of Senator Craig Estes
Austin, TX

Hon. Jeffrey S. Boyd

The Supreme Court of Texas
Austin, TX

Ann Bright

Texas Parks and Wildlife Department
Austin, TX

Hon. Hunter Burkhalter

State Office of Administrative Hearings
Austin, TX

Hon. Amy Clark-Meachum

201st Judicial District Civil Court
Austin, TX

James E. Davis

Office of the Attorney General
Austin, TX

Allan K. DuBois

Immediate Past President, State Bar of Texas
Austin, TX

Claudia V. Escobar

Texas Department of Information Resources
Austin, TX

Sydney W. Falk Jr.

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Virginia S. Fields

Texas Department of Licensing and Regulation
Austin, TX

Hon. Suzanne Formby Marshall

State Office of Administrative Hearings
Austin, TX

Kimberly L. Fuchs

Office of the Attorney General
Austin, TX

Hon. Lesli Ginn

State Office of Administrative Hearings
Austin, TX

April G. Griffin

Office of the Attorney General
Austin, TX

Franklin Hopkins

Germer Gertz Beaman & Brown PLLC
Austin, TX

Douglas A. Jennings

Texas Department of Licensing and Regulation
Austin, TX

Emily R. Jolly

Enoch Kever PLLC
Austin, TX

Steve Kosub

San Antonio Water System
San Antonio, TX

Dan Lype

Leichter Law Firm
Austin, TX

Joseph T. Marcee

Law Office of Joseph T. Marcee
Georgetown, TX

Dudley D. McCalla

Of Counsel, Jackson Walker LLP
Austin, TX

Andres S. Medrano

Gardere Wynne Sewell LLP
Austin, TX

Kristofer S. Monson

Office of the Attorney General
Austin, TX

Rodney Montes

Montes Law Practice
Austin, TX

Randy Nesbitt

Texas Department of Licensing and Regulation
Austin, TX

Laurie Ratliff

Ikard Golden Jones P.C.
Austin, TX

Cicely C. Reid

Disability Rights Texas
Houston, TX

Hon. Jeffrey L. Rose

Third Court of Appeals
Austin, TX

Hon. Roy Scudday

State Office of Administrative Hearings
Austin, TX

Linda B. Secord

Office of the Attorney General
Austin, TX

Erin Smith

Texas Legislative Council
Austin, TX

Hon. Rebecca Smith

State Office of Administrative Hearings
Austin, TX

Brantley D. Starr

Office of the Attorney General
Austin, TX

Hon. Holly Vandrovec

State Office of Administrative Hearings
Austin, TX

Donald N. Walker

Stone Loughlin & Swanson, LLP
Austin, TX

Hon. Tom Walston

State Office of Administrative Hearings
Austin, TX

Mark L. Walters

Jackson Walker LLP
Austin, TX

Kirk Watson

Texas State Senate, District 14
Austin, TX

Porter Wilson

Executive Director, Employees Retirement System of Texas
Austin, TX

Lori Anne Fixley Winland

Locke Lord LLP
Austin, TX

Planning Committee

Hon. Lesli Ginn—Chair

State Office of Administrative Hearings
Austin, TX

Steven Baron

Baron Consulting and Legal Services
Austin, TX

Bruce Bennett

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

William D. Dugat III

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Kimberly A. Frost

Martin Frost & Hill
Austin, TX

Jon L. Gillum

Locke Lord LLP
Austin, TX

April G. Griffin

Office of the Attorney General
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

Kimberly L. Kiplin

Law Office of Kimberly L. Kiplin
Austin, TX

Steve Kosub

San Antonio Water System
San Antonio, TX

Dudley D. McCalla

Of Counsel, Jackson Walker LLP
Austin, TX

Andres S. Medrano

Gardere Wynne Sewell LLP
Austin, TX

Leila Melhem

Winstead PC
Austin, TX

Janet I. Monteros

Texas Health and Human Services Commission
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

Hon. Sarah E. Starnes

State Office of Administrative Hearings
Austin, TX

Andrea Moore Stover

Graves, Dougherty, Hearon & Moody
Austin, TX

J. Kay Trostle

Smith Trostle & Huerta LLP
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.
MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Note on Self-Reporting Your Credits in Another State
f 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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Sep 1-2, 2016 – AT&T Conference Center
Conference Concluded
Live Webcast – Sep 1-2, 2016
Conference Concluded
Buy
Austin
Last day for Individual early registration: Aug 25, 2016

Add $50 for registrations received after this time

Last day for Government Attorney early registration: Sep 2, 2016

Add $50 for registrations received after this time

Last day for Administrative and Public Law Section Member - Individual early registration: Aug 29, 2016

Add $50 for registrations received after this time

Last day for Administrative and Public Law Section Member - Government Attorney early registration: Sep 2, 2016

Add $0 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Aug 29, 2016

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Aug 29, 2016

Add $50 for registrations received after this time

Last day for cancellation (full refund): Aug 26, 2016
Last day for cancellation (partial refund): Aug 29, 2016

$50 processing fee applied

Live Webcast
Last day for cancellation (full refund): Aug 26, 2016
Last day for cancellation (partial refund): Aug 29, 2016

$50 processing fee applied

Venue

speaker

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

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