University of Texas School of Law
12th Annual
Advanced Texas Administrative Law Seminar
Austin Aug 24-25, 2017 AT&T Conference Center
Conference Concluded
Live Webcast Aug 24-25, 2017
Conference Concluded
PRESENTED BY
The University of Texas School of Law
The Administrative and Public Law Section of the State Bar of Texas

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

Program Features
The Advanced Texas Administrative Law Seminar brings together members of the judiciary and regulatory and academic communities to engage with practitioners about the latest legislative and case law updates, rule changes, and other timely topics.
 
2017 highlights include: 
  • Legislative Update with comments from Rep. Gina Hinojosa, Texas House of Representatives
  • Significant administrative law cases issued during the last year, plus updates on Open Government legislation, Ultra Vires, and developments at SOAH
  • An exploration of hot topics, including the Confidential Agency Records in Court Proceedings and Addressing Open Government Practices with Technology Solutions
  • Insights into the Texas Department of Insurance’s unique administrative law issues and how it impacts you
  • In-depth discussion of the Ethical Considerations Regarding Attorney Contacts with State Agencies
  • A behind the scenes look at the mechanics of Texas’ Third Court of Appeals, with insight into the practice behind accelerated appeals
  • Ace Pickens, Husch Blackwell LLP, discussing Some Things That Could or Should be Fixed in Texas Administrative Law and the APA
  • Multiple opportunities to network and connect, including a Happy Hour on Thursday evening!

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

12/13/17
Schedule

Thursday Morning, Aug. 24, 2017

Presiding Officer:
Susan Henricks, Texas Board of Law Examiners - 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

Discuss significant administrative law cases issued during the last year.

Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX

9:00 am

0.50 hr

Trending Issues in APA § 2001.038 Rule Challenges

Discuss the latest trends in APA § 2001.038 claims, including an update on recent case law on both substantive and procedural rule challenges.

Nichole Bunker-Henderson, Texas Attorney General's Office - Austin, TX

9:30 am

0.75 hr

Legislative Update

Review and focus on the bills enacted by the 85th Texas Legislature that impact administrative law practitioners.

Moderator:
April G. Griffin, Texas Higher Education Coordinating Board - Austin, TX
Panelists:
Geoffrey S. Connor, Clements Center for National Security - Austin, TX
Gina Hinojosa, Texas House of Representatives - Austin, TX
Karen M. Kennard, Greenberg Traurig, LLP - Austin, TX

10:15 am
Break

10:30 am

1.00 hr
0.50 hr ethics

Confidential Agency Records in Court Proceedings

Explore the current trend toward documents being identified as confidential at the agency-hearing stage and how they should be handled at the district court level when judicial review is sought. Discuss the near-universal desire to move to electronic records, though many agencies are just not there yet.

Moderator:
Kellie E. Billings-Ray, Office of the Attorney General - Austin, TX
Panelists:
Hon. Lesli Ginn, State Office of Administrative Hearings - Austin, TX
Velva L. Price, Travis County District Clerk - Austin, TX
Karen L. Watkins, Office of the Attorney General - Austin, TX
Hon. Stephen Yelenosky, Former District Judge, 345th Judicial District Court - Austin, TX

11:30 am

0.50 hr

The Advisability of Agency Advisory Opinions

When can agencies issue advisory opinions? And when should they? Examine the process, including the impact such opinions have on parties and non-parties.

Elizabeth G. (Heidi) Bloch, Husch Blackwell LLP - Austin, TX

12:00 pm

0.50 hr

The End of the Dance? The Chevron Two-Step and New Directions for Administrative Law

Consider recent developments in federal administrative law given the focus on Chevron’s legitimacy during Justice Neil Gorsuch’s confirmation hearing, with particular emphasis on how the new Supreme Court and the new Administration may affect judicial review of administrative decision-making.

Shane A. Pennington, Baker Botts LLP - Houston, TX
Evan A. Young, Baker Botts - Austin, TX

12:30 pm

Austin Only

Pick Up Lunch

Included in registration.

Thursday Afternoon, Aug. 24, 2017

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

LUNCHEON PRESENTATION

12:50 pm

0.50 hr ethics

The Lobbying Line

What are the legal and ethical lines to watch when you are lobbying at the Texas Capitol? How do you know if you have crossed them?

Royce Poinsett, Gardere Wynne Sewell - Austin, TX
Mark Vane, Gardere Wynne Sewell - Austin, TX

 
1:20 pm
Break

1:35 pm

0.75 hr

Administrative Regulation and Sunset Review

The 85th Legislative Session opened with a theme of refocusing priority areas and improving efficiencies among regulatory agencies. Review whether these themes came to fruition and the possible effects on administrative regulation.  

Antonio A. Cobos, Sharp & Cobos - Austin, TX
Glenn E. Johnson, Kelly Hart & Hallman LLP - Austin, TX
Leonard J. Reese, Texas Department Of Transportation - Austin, TX

2:20 pm

0.75 hr

Mediation Best Practices at SOAH

Mediation presents unique opportunities and challenges for administrative law practitioners. Gain tips for best practices from a SOAH judge, a private practice attorney, and an agency attorney. 

Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
Barbara Jordan, Texas Medical Board - Austin, TX
Hon. Howard S. Seitzman, State Office of Administrative Hearings - Austin, TX

3:05 pm

0.50 hr

Did Patel Swallow Burger?

Warrantless administrative searches have traditionally been evaluated under the Burger test established by the U.S. Supreme Court in 1987 in New York v. Burger, but the Court's recent decision in Patel v. City of Los Angeles has brought recent attention to the issue. Review the consequences of the Court’s recent decision in Patel, and how it may be interpreted going forward.
 

Paul Michael Shirk, Texas Department of Licensing and Regulation - Austin, TX

3:35 pm
Break

3:45 pm

0.75 hr

Ultra Vires Update

Review recent appellate decisions together with a plea for clarity in using the phrase “ultra vires.”

J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
Linda B. Secord, Office of the Attorney General - Austin, TX

4:30 pm

0.50 hr ethics

Pro Bono Survey

Pro bono work encompasses more than just representation of clients in need of assistance in litigation matters. Discuss what pro bono work really means, including ethical considerations, and how you can get involved. 

Janet I. Monteros, Texas Health and Human Services Commission - El Paso, TX

5:00 pm

0.50 hr

SOAH Update

Hear a discussion of recent developments at State Office of Administrative Hearings.

Hon. Gary W. Elkins, State Office of Administrative Hearings - Austin, TX
Hon. Lesli Ginn, State Office of Administrative Hearings - Austin, TX
Cynthia Villarreal-Reyna, State Office of Administrative Hearings - Austin, TX

5:30 pm

Austin Only

Adjourn to Reception

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

Friday Morning, Aug. 25, 2017

Presiding Officer:
Linda B. Secord, Office of the Attorney General - Austin, TX

7:30 am

Austin Only

Conference Room Opens

Includes continental breakfast. 

8:30 am

0.50 hr

Case Law Update, Part II

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

Laurie Ratliff, Ikard Golden Jones P.C. - Austin, TX

9:00 am

0.50 hr

Open Government Update

Review recent judicial decisions and legislative developments related to the Texas Public Information Act and the Texas Open Meetings Act.

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

9:30 am

0.75 hr

Agency Spotlight: Texas Department of Insurance

Hear a discussion on the varied and unique administrative law issues Texas Department of Insurance attorneys face and the varied roles they play on a daily basis on behalf of the regulator of the Texas insurance market. Gain insights into how TDI’s expansive work impacts you personally and professionally.

Rachel Cloyd, Texas Department of Insurance - Austin, TX
Norma Garcia, Texas Department of Insurance - Austin, TX
Leah Gillum, Texas Department of Insurance - Austin, TX
Margaret Jonon, Texas Department of Insurance - Austin, TX
Co-Author:
Amy Wills, Texas Department of Insurance - Austin, TX

10:15 am
Break

10:30 am

1.00 hr ethics

Ethical Considerations Regarding Attorney Contacts with State Agency 

Texas Disciplinary Rule of Professional Conduct 4.02 addresses communications by an attorney with “a person, organization, or entity of government the lawyer knows to be represented by another lawyer regarding that subject.” Explore how this Rule relates to private attorney contact with state agency staff and, in cases being handled by the Office of the Attorney General, with in-house agency counsel.

Moderator:
Ann Bright, Texas Parks and Wildlife Department - Austin, TX
Panelists:
Reuben Booker Harrison, TCEQ - Austin, TX
James E. Davis, Office of the Attorney General - Austin, TX
Patricia McCandless, Health Care Service Corporation - Austin, TX
Mark L. Walters, Jackson Walker LLP - Austin, TX

11:30 am

0.50 hr

New SOAH Discovery Rules

Consider, from a practitioner standpoint, how the new SOAH discovery rules may affect your administrative litigation practice.

Hon. Hunter Burkhalter, State Office of Administrative Hearings - Austin, TX
Andres S. Medrano, Gardere Wynne Sewell LLP - Austin, TX

12:00 pm

0.50 hr

Addressing Open Government Practices with Technology Solutions

Explore how common Open Government issues can be addressed with innovative technology solutions. Examine methods that can make compliance more efficient and cost effective, and see the future of where technology in government is headed.

Martin H. Zelinsky, Texas Department of Information Resources - Austin, TX

12:30 pm

Austin Only

Pick Up Lunch

Included in registration. 

Friday Afternoon, Aug. 25, 2017

Presiding Officer:
Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX

LUNCHEON PRESENTATION

12:50 pm

0.50 hr ethics

Impaired Attorneys and Texas Lawyers' Assistance Program

Learn about the lifesaving services of the Texas Lawyers Assistance Program, including 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 the highest ethical standards. 

Allan K. DuBois, State Bar of Texas - San Antonio, TX
Chris C. Ritter, State Bar of Texas - Austin, TX

 
1:20 pm
Break

1:35 pm

0.50 hr

Behind the Scenes at the Third Court of Appeals

Discover the things you always wanted to know about the processes at the Third Court of Appeals, and get insight into issues with accelerated cases.

Moderator:
Colleen M. Sullivan, Third Court of Appeals - Austin, TX
Panelists:
Alessandra Ziek Beavers, Third Court of Appeals - Austin, TX
Jenny Brannen, Third Court of Appeals - Austin, TX

2:05 pm

0.50 hr

Some Things That Could or Should be Fixed in Texas Administrative Law and the APA

Consider what could or should be fixed in Texas Administrative Law and the APA, with insight from one attorney who remembers how it was before the APA and how it's been in the forty plus years since its enactment. 

Ace Pickens, Husch Blackwell LLP - Austin, TX

2:35 pm

1.00 hr

Judicial Panel

Engage in an unscripted round-robin discussion, with time for questions from the audience. Please submit your questions in advance to ConferenceQA@utcle.org or on-site at the conference registration desk.

Moderator:
Hon. Suzanne Formby Marshall, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Bob Pemberton, Third Court of Appeals - Austin, TX
Hon. Karin Crump, 250th District Court - Austin, TX

3:35 pm
Adjourn

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

Faculty

Conference Faculty

Alessandra Ziek Beavers
Third Court of Appeals
Austin, TX
J. Bruce Bennett
Cardwell, Hart & Bennett, L.L.P.
Austin, TX
Kellie E. Billings-Ray
Office of the Attorney General
Austin, TX
Elizabeth G. (Heidi) Bloch
Husch Blackwell LLP
Austin, TX
Jenny Brannen
Third Court of Appeals
Austin, TX
Ann Bright
Texas Parks and Wildlife Department
Austin, TX
Nichole Bunker-Henderson
Texas Attorney General's Office
Austin, TX
Hon. Hunter Burkhalter
State Office of Administrative Hearings
Austin, TX
Rachel Cloyd
Texas Department of Insurance
Austin, TX
Antonio A. Cobos
Sharp & Cobos
Austin, TX
Geoffrey S. Connor
Clements Center for National Security
Austin, TX
Hon. Karin Crump
250th District Court
Austin, TX
James E. Davis
Office of the Attorney General
Austin, TX
Allan K. DuBois
State Bar of Texas
San Antonio, TX
Hon. Gary W. Elkins
State Office of Administrative Hearings
Austin, TX
Hon. Suzanne Formby Marshall
State Office of Administrative Hearings
Austin, TX
Kimberly L. Fuchs
Office of the Attorney General
Austin, TX
Norma Garcia
Texas Department of Insurance
Austin, TX
Leah Gillum
Texas Department of Insurance
Austin, TX
Hon. Lesli Ginn
State Office of Administrative Hearings
Austin, TX
April G. Griffin
Texas Higher Education Coordinating Board
Austin, TX
Reuben Booker Harrison
TCEQ
Austin, TX
Gina Hinojosa
Texas House of Representatives
Austin, TX
Franklin Hopkins
Germer Beaman & Brown PLLC
Austin, TX
Glenn E. Johnson
Kelly Hart & Hallman LLP
Austin, TX
Margaret Jonon
Texas Department of Insurance
Austin, TX
Barbara Jordan
Texas Medical Board
Austin, TX
Karen M. Kennard
Greenberg Traurig, LLP
Austin, TX
Patricia McCandless
Health Care Service Corporation
Austin, TX
Andres S. Medrano
Gardere Wynne Sewell LLP
Austin, TX
Janet I. Monteros
Texas Health and Human Services Commission
El Paso, TX
Hon. Bob Pemberton
Third Court of Appeals
Austin, TX
Shane A. Pennington
Baker Botts LLP
Houston, TX
Ace Pickens
Husch Blackwell LLP
Austin, TX
Royce Poinsett
Gardere Wynne Sewell
Austin, TX
Velva L. Price
Travis County District Clerk
Austin, TX
Laurie Ratliff
Ikard Golden Jones P.C.
Austin, TX
Leonard J. Reese
Texas Department Of Transportation
Austin, TX
Chris C. Ritter
State Bar of Texas
Austin, TX
Linda B. Secord
Office of the Attorney General
Austin, TX
Hon. Howard S. Seitzman
State Office of Administrative Hearings
Austin, TX
Paul Michael Shirk
Texas Department of Licensing and Regulation
Austin, TX
Colleen M. Sullivan
Third Court of Appeals
Austin, TX
Mark Vane
Gardere Wynne Sewell
Austin, TX
Cynthia Villarreal-Reyna
State Office of Administrative Hearings
Austin, TX
Mark L. Walters
Jackson Walker LLP
Austin, TX
Karen L. Watkins
Office of the Attorney General
Austin, TX
Amy Wills
Texas Department of Insurance
Austin, TX
Lori Fixley Winland
Locke Lord LLP
Austin, TX
Hon. Stephen Yelenosky
Former District Judge, 345th Judicial District Court
Austin, TX
Evan A. Young
Baker Botts
Austin, TX
Martin H. Zelinsky
Texas Department of Information Resources
Austin, TX

Planning Committee

Susan Henricks—Chair
Texas Board of Law Examiners
Austin, TX
Deborah Salzberg—Director
The University of Texas School of Law
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
James W. Checkley Jr.
Cross Texas Transmission, LLC
West Lake Hills, TX
Hon. Amy Clark-Meachum
201st Judicial District Civil Court
Austin, TX
William D. Dugat III
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
Kimberly A. Frost
Martin Frost & Hill
West Lake Hills, TX
Jon L. Gillum
Locke Lord LLP
Austin, TX
Leah Gillum
Texas Department of Insurance
Austin, TX
Hon. Lesli Ginn
State Office of Administrative Hearings
Austin, TX
April G. Griffin
Texas Higher Education Coordinating Board
Austin, TX
Franklin Hopkins
Germer 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
Jackson Walker LLP
Austin, TX
Andres S. Medrano
Gardere Wynne Sewell LLP
Austin, TX
Janet I. Monteros
Texas Health and Human Services Commission
El Paso, TX
Hon. Jeffrey L. Rose
Third Court of Appeals
Austin, TX
Linda B. Secord
Office of the Attorney General
Austin, TX
Hon. Sarah E. Starnes
State Office of Administrative Hearings
Austin, TX
Andrea Moore Stover
Baker Botts, LLP
Austin, TX
Colleen M. Sullivan
Third Court of Appeals
Austin, TX
J. Kay Trostle
Smith Trostle & Huerta LLP
Austin, TX
Donald N. Walker
Stone Loughlin & Swanson, LLP
Austin, TX

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

Credit Information

MCLE Credit

Texas
14.25 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Administrative 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
14.25 hrs  |  3.00 hrs Ethics
Additional Information
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. 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.
Other States
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

TX Accounting CPE
17.00 hrs
Additional Information
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.  

MCLE Credit

Texas
14.25 hrs  |  3.00 hrs Ethics
Legal Specialization(s): Administrative Law
Additional Information
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.
California
14.25 hrs  |  3.00 hrs Ethics
Additional Information
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.
Oklahoma
17.00 hrs  |  3.50 hrs Ethics
Additional Information
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.
Other States
14.25 hrs  |  3.00 hrs Ethics
Additional Information
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 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

TX Accounting CPE
17.00 hrs
Additional Information
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.

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

Key Dates

Austin

  • Last day for Individual early registration: Aug 16, 2017
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: Aug 16, 2017
    Add $50 for registrations received after this time
  • Last day for Administrative Public Law Section Member - Individual early registration: Aug 16, 2017
    Add $50 for registrations received after this time
  • Last day for Administrative Public Law Section Member - Government Attorney early registration: Aug 16, 2017
    Add $0 for registrations received after this time
  • Last day for cancellation (full refund): Aug 18, 2017
  • Last day for cancellation (partial refund): Aug 21, 2017
    $50 processing fee applied

Live Webcast

  • Last day for cancellation (full refund): Aug 18, 2017
  • Last day for cancellation (partial refund): Aug 21, 2017
    $50 processing fee applied

UT Law CLE

2017 Advanced Texas Administrative Law Seminar

Hotel / Venue

Austin

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.