University of Texas School of Law
13th Annual
Advanced Texas Administrative Law Seminar
Austin Aug 16-17, 2018 AT&T Conference Center
Conference Concluded
Live Webcast Aug 16-17, 2018
Conference Concluded
Please Note: Parking on-site may be limited. Please consider carpooling or other alternative transportation to the Seminar. Thank you for your support!
PRESENTED BY
The University of Texas School of Law
The Administrative and Public Law Section of the State Bar of Texas (APLS)

UT Law CLE

2018 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.
 
Highlights include: 
  • Updates on significant administrative law cases issued during the last year, Open Government decisions, ultra vires, and developments at SOAH.
  • Discussion of the 2018 Amendments to the Texas Disciplinary Rules, including what changes are being implemented and how they affect State Bar disciplinary matters.
  • An exploration of hot topics, including Government Accountability, Administrative Law Judge Hiring and Constitutional Challenges, and Regulation Through Guidance. 
  • Disentangling the Standards of Review with a framework for identifying, defining, and effectively applying the correct standard to uphold or challenge agency decisions.
  • Insight into the Regulatory and Ethical Considerations for Handling Sensitive Electronic Information.
  • A review of the procedures for seeking an Attorney General opinion and for providing input on a pending opinion request.
  • Multiple opportunities to network and connect, including a Happy Hour on Thursday evening!
At the conclusion of the seminar, attendees will receive a bonus eCourse containing an additional hour of ethics to ensure attendees can earn their required 15.0/3.0 MCLE hours for the year.

UT Law CLE

2018 Advanced Texas Administrative Law Seminar

9/24/18
Schedule

Thursday Morning, Aug. 16, 2018

Presiding Officer:
April G. Griffin, Texas Higher Education Coordinating Board - 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

Examine significant administrative law cases issued during the last year.

Jennifer L. Hopgood, Office of the Attorney General - Austin, TX

9:00 am

0.50 hr

Open Government Update and Practice Tips

Review recent judicial decisions related to the Texas Public Information Act and the Texas Open Meetings Act and open government practice tips.

Kimberly L. Fuchs, Office of the Attorney General - Austin, TX
Lori Fixley Winland, Ogletree Deakins - Oklahoma, OK

9:30 am

0.50 hr

The Attorney General Opinion Process & Recent Opinions

Examine the procedures for asking for an Attorney General Opinion and providing input on a pending opinion request. Also survey recent Attorney General opinions relevant to state agencies.

Jennie Hoelscher, Office of the Attorney General - Austin, TX

10:00 am
Break

10:15 am

0.50 hr

News from the Front: Restructuring, Sunsetting, and More

​Discuss the new authority that some agencies were granted during the last legislative session, as well as shifts (and potential shifts) of programs from one agency to another. Identify agencies currently engaged in the Sunset process, while highlighting possible changes, and hear interesting news items from yet other agencies.

Priscilla M. Hubenak, Office of the Attorney General - Austin, TX
Karen L. Watkins, Office of the Attorney General - Austin, TX

10:45 am

0.50 hr

Rulemaking Update

Hear updates from the legislature and the courts on the interesting issues concerning proposed rules and rule validity.

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

11:15 am

0.50 hr

Ultra Vires Update

Review recent decisions addressing ultra vires claims, including ministerial versus discretionary acts, action beyond the scope of authority, retrospective versus prospective relief, and statutory construction.

This session was originally scheduled on Friday, August 17 at 11:15 a.m.

Mark L. Walters, Jackson Walker LLP - Austin, TX

11:45 am

0.50 hr

Pleas to the Jurisdiction

Explore the procedure and standards for determining pleas to the jurisdiction, along with related procedural issues.

Amanda Cochran-McCall, Office of the Attorney General - Austin, TX
Hon. Jeffrey L. Rose, Third Court of Appeals - Austin, TX

12:15 pm

Austin Only

Pick Up Lunch

Included in registration. 

Thursday Afternoon, Aug. 16, 2018

Presiding Officer:
James W. Checkley Jr., Cross Texas Transmission, LLC - West Lake Hills, TX

LUNCHEON PRESENTATION

Lifetime Achievement Award Presentation to Former Chief Justice Bob Shannon

Presented by the Administrative and Public Law Section of the State Bar of Texas.

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

12:35 pm

0.50 hr

Judicial Philosophy and Experience

Hear from the latest addition to the Court about his path to the bench and his philosophy about what his position there means.

Hon. James "Jimmy" Blacklock, The Supreme Court of Texas - Austin, TX

 
1:05 pm
Break

1:20 pm

0.75 hr

Perspectives on Title IX: Responding to Complaints of Sexual Harassment

Lessons from an emerging area of law, discussed between an attorney for plaintiffs and an attorney for state University defendants.

Chad Wilson Dunn, Brazil & Dunn - Houston, TX
Carl Myers, Office of the Attorney General - Austin, TX

2:05 pm

0.50 hr ethics

Regulatory and Ethical Considerations for Handling Sensitive Electronic Information

Explore the regulatory framework when handling sensitive electronic information. Also, understand the ethical considerations when handling the information and if a breach occurs.

Adrian Senyszyn, Brin & Brin P.C. - San Antonio, TX
Shawn E. Tuma, Spencer Fane, LLP - Plano, TX

2:35 pm

0.50 hr

Hear Me Now or Hear Me Later: A Review of Standing Before the Agency and Courts

What is the current state of the law regarding the rights of interested persons to participate in a contested administrative case and related judicial proceedings? What are the consequences of opposing such participation?

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

3:05 pm
Break

3:15 pm

0.50 hr

Regulating Through Guidance

Discussion of ways that agencies act informally, such as with guidance, advisories, interpretations, etc., with analysis of the legal status of such action and suggestions of how to use it or fight it.

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

3:45 pm

0.75 hr

Evidentiary Issues at Contested Proceedings

Examine evidentiary issues that can arise in contested case proceedings before SOAH. 

Hon. Elizabeth Drews, State Office of Administrative Hearings - Austin, TX

4:30 pm

0.75 hr

SOAH Update

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

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

5:15 pm

Austin Only

Adjourn to Reception

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

Friday Morning, Aug. 17, 2018

Presiding Officer:
Kimberly A. Frost, Martin Frost & Hill - Austin, TX

7:30 am

Austin Only

Conference Room Opens

Includes continental breakfast. 

8:30 am

0.50 hr

Case Law Update - Part II

Examine significant administrative law cases issued during the last year.

Jennifer L. Hopgood, Office of the Attorney General - Austin, TX

9:00 am

0.50 hr

Judicial Deference to Agency Interpretation of Statutes In Texas

Discuss in what circumstances and to what extent Texas courts defer to state agency interpretations of ambiguous statutes. Contrast and compare Texas deference to that given by federal courts to federal agency interpretations.

Hon. Thomas R. Phillips, Baker Botts L.L.P. - Austin, TX

9:30 am

0.75 hr

Agency Spotlight: Texas Alcoholic Beverage Commission

The TABC faces significant challenges regulating a rapidly growing 21st century industry using a 20th century legal code. How can the Sunset Commission review process maximize the agency’s ability to regulate and partner with industry?

Mary A. Keeney, Graves, Dougherty, Hearon & Moody - Austin, TX
Clark E. Smith, Texas Alcoholic Beverage Commission - Austin, TX
C. Andrew Weber, Kelly Hart & Hallman LLP - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

Disentangling the Standards of Review

The APA authorizes judicial review of contested-case decisions under the “substantial evidence rule,” but the various standards of review (de novo, substantial evidence, arbitrary and capricious, and abuse of discretion) are frequently confused and conflated. Learn to disentangle those standards with a framework for identifying, defining, and effectively applying the correct standard to uphold or challenge agency decisions.

Susan A. Kidwell, Locke Lord LLP - Austin, TX

11:15 am

0.50 hr

Exclusive/Primary Jurisdiction

The contours of an administrative agency’s authority on subjects over which it has exclusive or primary jurisdiction have significant legal and practical impacts. Examine these impacts and what they mean for your practice.

This session was originally scheduled on Thursday, August 16 at 11:15 a.m.

Andres S. Medrano, Foley Gardere, Foley & Lardner LLP - Austin, TX

11:45 am

0.50 hr

Administrative Law Judge Hiring and Constitutional Challenges

The constitutionality of the Securities and Exchange Commission’s use of administrative law judges is being challenged in the federal courts. Examine the challenges, which could affect certain other federal regulatory agencies, and might even have possible implications for Texas regulatory agencies.

Thomas K. Anson, Clark Hill Strasburger - Austin, TX

12:15 pm

Austin Only

Pick Up Lunch

Included in registration. 

Friday Afternoon, Aug. 17, 2018

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

LUNCHEON PRESENTATION

12:35 pm

0.50 hr ethics

Ethical Implications When Representing Impaired Professionals

The representation of licensed professionals impaired by a substance abuse disorder and/or mental illness presents unique challenges and regulatory pitfalls for the unwary. Explore the attorney's ethical obligation when representing impaired clients, and how you can benefit your client to restore and improve their social and occupational functioning.

Louis D. Leichter, Leichter Law Firm PC - Austin, TX
Dan Lype, Leichter Law Firm PC - Austin, TX

 
1:05 pm
Break

1:20 pm

0.50 hr

Data: Liability or Asset? 

Explore the opportunities and challenges of managing data in Texas, and review recent developments regarding data sharing, open data, and data security and privacy.

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

1:50 pm

0.50 hr ethics

2018 Amendments to the Texas Disciplinary Rules

In order to comply with new legislative requirements, the Supreme Court of Texas amended certain disciplinary rules. What changes have been implemented and how will they affect State Bar of Texas disciplinary matters?

Rita Alister, State Bar of Texas - Austin, TX

2:20 pm

1.00 hr

Judicial Panel

Engage in an unscripted round-robin discussion, with time for questions from the audience. Discussion will include thoughts on how technology can improve the process for both the parties and the bench.

Please submit your questions in advance to ConferenceQA@utcle.org or on-site at the registration desk to ensure a lively discussion.

Moderator:
Hon. Wendy K. L. Harvel, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Debra Lehrmann, Supreme Court of Texas - Austin, TX
Hon. Amy Clark-Meachum, 201st Judicial District Civil Court - Austin, TX
Hon. Bob Pemberton, Third Court of Appeals - Austin, TX

3:20 pm
Adjourn

UT Law CLE

2018 Advanced Texas Administrative Law Seminar

Faculty

Conference Faculty

Rita Alister
State Bar of Texas
Austin, TX
Thomas K. Anson
Clark Hill Strasburger
Austin, TX
Hon. James "Jimmy" Blacklock
The Supreme Court of Texas
Austin, TX
Hon. Amy Clark-Meachum
201st Judicial District Civil Court
Austin, TX
Amanda Cochran-McCall
Office of the Attorney General
Austin, TX
Hon. Elizabeth Drews
State Office of Administrative Hearings
Austin, TX
Chad Wilson Dunn
Brazil & Dunn
Houston, TX
Hon. Gary Elkins
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
Hon. Wendy K. L. Harvel
State Office of Administrative Hearings
Austin, TX
Jennie Hoelscher
Office of the Attorney General
Austin, TX
Jennifer L. Hopgood
Office of the Attorney General
Austin, TX
Priscilla M. Hubenak
Office of the Attorney General
Austin, TX
Mary A. Keeney
Graves, Dougherty, Hearon & Moody
Austin, TX
Susan A. Kidwell
Locke Lord LLP
Austin, TX
Steve Kosub
San Antonio Water System
San Antonio, TX
Hon. Debra Lehrmann
Supreme Court of Texas
Austin, TX
Louis D. Leichter
Leichter Law Firm PC
Austin, TX
Dan Lype
Leichter Law Firm PC
Austin, TX
Dudley D. McCalla
Jackson Walker LLP
Austin, TX
Andres S. Medrano
Foley Gardere, Foley & Lardner LLP
Austin, TX
Carl Myers
Office of the Attorney General
Austin, TX
Hon. Bob Pemberton
Third Court of Appeals
Austin, TX
Hon. Thomas R. Phillips
Baker Botts L.L.P.
Austin, TX
Hon. Jeffrey L. Rose
Third Court of Appeals
Austin, TX
Adrian Senyszyn
Brin & Brin P.C.
San Antonio, TX
Clark E. Smith
Texas Alcoholic Beverage Commission
Austin, TX
Shawn E. Tuma
Spencer Fane, LLP
Plano, TX
Donald N. Walker
Stone Loughlin & Swanson, LLP
Austin, TX
Mark L. Walters
Jackson Walker LLP
Austin, TX
Karen L. Watkins
Office of the Attorney General
Austin, TX
C. Andrew Weber
Kelly Hart & Hallman LLP
Austin, TX
Lori Fixley Winland
Ogletree Deakins
Oklahoma, OK
Martin H. Zelinsky
Texas Department of Information Resources
Austin, TX

Planning Committee

Linda B. Secord—Chair
Office of the Attorney General
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
James W. Checkley Jr.
Cross Texas Transmission, LLC
West Lake Hills, TX
Hon. Amy Clark-Meachum
201st Judicial District Civil Court
Austin, TX
James E. Davis
Office of the Attorney General
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
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
Robert G. Hargrove
Osborn, Griffith & Hargrove
Austin, TX
Susan Henricks
Board of Law Examiners
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
Ana Maria Marsland-Griffith
Osborn, Marsland & Hargrove
Austin, TX
Natasha J. Martin
Graves, Dougherty, Hearon & Moody
Austin, TX
Dudley D. McCalla
Jackson Walker LLP
Austin, TX
Andres S. Medrano
Foley Gardere, Foley & Lardner LLP
Austin, TX
Janet I. Monteros
Texas Health and Human Services Commission
El Paso, TX
Rodney Montes
Montes Law Practice
Austin, TX
Hon. Jeffrey L. Rose
Third Court of Appeals
Austin, TX
Adrian Senyszyn
Brin & Brin P.C.
San Antonio, 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

2018 Advanced Texas Administrative Law Seminar

Credit Information

MCLE Credit

Texas
13.75 hrs  |  1.50 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
13.75 hrs  |  1.50 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
16.50 hrs  |  2.00 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
16.50 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
13.75 hrs  |  1.50 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
13.75 hrs  |  1.50 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
16.50 hrs  |  2.00 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
13.75 hrs  |  1.50 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
16.50 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

2018 Advanced Texas Administrative Law Seminar

Key Dates

Austin

  • Last day for Individual early registration: Aug 8, 2018
    Add $50 for registrations received after this time
  • Last day for Administrative Public Law Section Member - Individual early registration: Aug 8, 2018
    Add $50 for registrations received after this time
  • Last day for Administrative Public Law Section Member - Government Attorney early registration: Aug 8, 2018
    Add $50 for registrations received after this time
  • Last day for Government Attorney early registration: Aug 8, 2018
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 10, 2018
  • Last day for cancellation (partial refund): Aug 13, 2018
    $50 processing fee applied

Live Webcast

  • Last day for Individual early registration: Aug 8, 2018
    Add $0 for registrations received after this time
  • Last day for Government Attorney early registration: Aug 8, 2018
    Add $0 for registrations received after this time
  • Last day for cancellation (full refund): Aug 10, 2018
  • Last day for cancellation (partial refund): Aug 13, 2018
    $50 processing fee applied

UT Law CLE

2018 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

Extremely limited self-parking is available for free at the AT&T Conference Center Garage. Additional free parking is available at surrounding UT Garages. Note parking cannot be validated for the Dobie Garage. Separate fees apply for valet and overnight parking.