About

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!

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • 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

    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
    Trending Issues in APA § 2001.038 Rule Challenges

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

    Discuss the latest trends in APA § 2001.038 claims, including an update on recent case law on both substantive and procedural rule challenges.
  • 9:30 am
    0.75 hr
    Legislative Update

    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

    Review and focus on the bills enacted by the 85th Texas Legislature that impact administrative law practitioners.
  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    0.50 hr ethics
    Confidential Agency Records in Court Proceedings

    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

    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.
  • 11:30 am
    0.50 hr
    The Advisability of Agency Advisory Opinions

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

    When can agencies issue advisory opinions? And when should they? Examine the process, including the impact such opinions have on parties and non-parties.
  • 12:00 pm
    0.50 hr
    The End of the Dance? The Chevron Two-Step and New Directions for Administrative Law

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

    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.
  • 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

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

    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?
  • 1:20 pm
    Break

  • 1:35 pm
    0.75 hr
    Administrative Regulation and Sunset Review

    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

    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.  
  • 2:20 pm
    0.75 hr
    Mediation Best Practices at SOAH

    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

    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. 
  • 3:05 pm
    0.50 hr
    Did Patel Swallow Burger?

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

    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.
     
  • 3:35 pm
    Break

  • 3:45 pm
    0.75 hr
    Ultra Vires Update

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

    Review recent appellate decisions together with a plea for clarity in using the phrase “ultra vires.”
  • 4:30 pm
    0.50 hr ethics
    Pro Bono Survey

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

    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. 
  • 5:00 pm
    0.50 hr
    SOAH Update

    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

    Hear a discussion of recent developments at State Office of Administrative Hearings.
  • 5:30 pm
    Austin Only
    Adjourn to Reception

    Join us for drinks and hors d'oeuvres with program faculty and attendees.
  • Time
    Credit
    Subject
    Speaker
  • 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

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

    Continue the discussion of significant administrative law cases issued during the last year.
  • 9:00 am
    0.50 hr
    Open Government Update

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

    Review recent judicial decisions and legislative developments related to the Texas Public Information Act and the Texas Open Meetings Act.
  • 9:30 am
    0.75 hr
    Agency Spotlight: Texas Department of Insurance

    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

    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.
  • 10:15 am
    Break

  • 10:30 am
    1.00 hr ethics
    Ethical Considerations Regarding Attorney Contacts with State Agency 

    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

    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.
  • 11:30 am
    0.50 hr
    New SOAH Discovery Rules

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

    Consider, from a practitioner standpoint, how the new SOAH discovery rules may affect your administrative litigation practice.
  • 12:00 pm
    0.50 hr
    Addressing Open Government Practices with Technology Solutions

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

    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.
  • 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

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

    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. 
  • 1:20 pm
    Break

  • 1:35 pm
    0.50 hr
    Behind the Scenes at the Third Court of Appeals

    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

    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.
  • 2:05 pm
    0.50 hr
    Some Things That Could or Should be Fixed in Texas Administrative Law and the APA

    Ace Pickens, Husch Blackwell LLP - Austin, TX

    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. 
  • 2:35 pm
    1.00 hr
    Judicial Panel

    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

    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.
  • 3:35 pm
    Adjourn

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

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 – Aug 24-25, 2017 – AT&T Conference Center
Conference Concluded
Live Webcast – Aug 24-25, 2017
Conference Concluded
Buy
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 Group (5 registrants minimum) early registration: Aug 16, 2017

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Aug 16, 2017

Add $50 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

Venue

speaker

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.  

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