Overview

The Advanced Texas Administrative Law Seminar virtually brings together members of the judiciary, regulatory, and academic communities to engage with practitioners about the latest legislative and case law updates, rule changes, and other timely topics. This year's highlights include:
  • Updates on significant administrative law cases and legislative activity during the last year, Open Government decisions, and the Texas Identity Theft and Protection Act.
  • Overview of Sunset process and a preview of upcoming reviews.
  • Tips on filing, presenting, and resolving your case before SOAH, and giving effective arguments.
  • The always popular unscripted round-robin discussion during the Judicial Panel, including a Q&A for attendees.
  • 2.25 hours of ethics, including presentations on How to Ethically Build Diverse Relationships in the Legal Profession, Both Sides Now: When Lawyers Go Too Far, and Tips and Strategies for Settling Multi-Party Matters.
Following the seminar, attendees will receive a bonus eSupplement containing additional programming, ensuring attendees can earn their required 15.00/3.00 Texas MCLE hours for the year.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Sep. 3, 2020
    Presiding Officer:
    Andrea Moore Stover, Baker Botts, LLP - Austin, TX
  • 8:20 am
    Welcoming Remarks

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

    Matthew Arth, Locke Lord LLP - Austin, TX
    Carrie Collier-Brown, Locke Lord LLP - Austin, TX
    Materials By:
    Wellesley Anna DuBois, Texas Tech University School of Law - Lubbock, TX
    Raul A. Romero, Texas Tech Law Review - Lubbock, TX

    Examine significant administrative law cases issued during the last year.
  • 9:00 am
    5-Minute Break

  • 9:05 am
    0.75 hr
    Open Government Update

    Kimberly G. Kelley, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    Updates on the Public Information Act and Open Meetings Act, including lessons learned about maintaining transparency in the time of coronavirus. 
  • 9:50 am
    5-Minute Break

  • 9:55 am
    0.75 hr
    Navigating Your Licensing Case Pre-SOAH

    Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
    Barbara Jordan, Germer Beaman & Brown PLLC - Austin, TX

    Have you ever regretted not pursuing an action or negotiation prior to SOAH? Have you ever thought there might be alternative ways to settle your case prior to SOAH that no one ever uses? And was there ever a time you wished you would have worked-up your licensing case during the agency’s investigation instead of after the SOAH complaint filing? This presentation’s goal is to alleviate these concerns and answer these questions.
  • 10:40 am
    5-Minute Break

  • 10:45 am
    0.75 hr
    Ad-Hoc Rulemaking

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

    An examination of ad-hoc rulemaking in state and federal administrative proceedings from the perspective of both government agencies and counsel representing regulated entities.
  • 11:30 am
    5-Minute Break

  • 11:35 am
    0.50 hr
    A Preview of Sunset Legislation During the 2021 Legislative Session

    Tamara Aronstein, Sunset Advisory Commission - Austin, TX
    Steven M. Ogle, Sunset Advisory Commission - Austin, TX

    Examine the completed staff reviews for the agencies subject to Sunset review during the 2020-2021 biennium and touch upon the potential areas of legislative focus during the upcoming session.
  • 12:05 pm
    Break for Lunch—Presentation Resumes at 12:30 p.m.

  • Thursday Afternoon, Sep. 3, 2020
    Presiding Officer:
    Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:30 pm
    1.00 hr
    Agency Spotlight: State Office of Administrative Hearings

    Hon. Kristofer S. Monson, State Office of Administrative Hearings - Austin, TX
    Hon. Victor John Simonds, State Office of Administrative Hearings - Austin, TX
    Shane Linkous, State Office of Administrative Hearings - Austin, TX

    SOAH is entering the 21st Century. Explore upcoming changes in document management, case assignments, and procedural rules, and find out what lessons SOAH’s coronavirus response has taught us about remote hearings.
  • 1:30 pm
    5-Minute Break

  • 1:35 pm
    0.50 hr
    Introduction to the Office of the Governor’s Regulatory Compliance Division

    Erin Bennett, Office of the Governor - Austin, TX

    The Regulatory Compliance Division conducts an independent review of certain state licensing agencies’ proposed rules that affect market competition. Authorized by the legislature in response to the United States Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC, the division provides the “active supervision” needed over rulemakings so that state boards controlled by active market participants can invoke state-action antitrust immunity. Explore the background, procedures, and work of the division since its establishment in 2019.
  • 2:05 pm
    5-Minute Break

  • 2:10 pm
    0.50 hr
    Rulemaking: Governor Abbott’s Participation in the Process

    Ron Beal, Baylor Law School - Waco, TX

    Governor Abbott unilaterally asserts control over all rulemaking by state agencies. Such power is exercised wholly in private. Constitutional?
  • 2:40 pm
    5-Minute Break

  • 2:45 pm
    1.00 hr
    Judicial Panel

    Moderator:
    Hon. David D. DuBose, State Office of Administrative Hearings - Austin, TX
    Panelists:
    Hon. J. Brett Busby, The Supreme Court of Texas - Austin, TX
    Hon. Maya Guerra Gamble, 459th District Court - Austin, TX
    Hon. Jeff Rose, Third Court of Appeals - 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.
  • 3:45 pm
    5-Minute Break

  • 3:50 pm
    0.50 hr
    Data Security: The Texas Identity Theft Enforcement and Protection Act and Other Considerations

    Esther Chavez, Office of the Attorney General - Austin, TX
    Adrian P. Senyszyn, MehaffyWeber, P.C. - San Antonio, TX

    Review changes to ITEPA and a look at the new web portal for reporting data breaches. Explore recent enforcement actions and learn about privacy considerations, including breach preparedness for government and private sector practitioners.
  • 4:20 pm
    5-Minute Break

  • 4:25 pm
    0.75 hr ethics
    How to Ethically Build Diverse Relationships in the Legal Profession

    Chris W. Kirby, BridgeField Group - Austin, TX
    Dominica McGinnis, BridgeField Group - Austin, TX

    Law is one of the most relational and least diverse professions in the country. Learn how to ethically address and overcome the challenges of building diverse relationships in the legal space. Explore a guide for attorneys through the pitfalls of achieving meaningful diversity and inclusive relationships in their practice, discuss tools to intentionally build and strengthen diverse relationships, and receive practical techniques to make your practice a safe and inclusive place for the diverse and non-diverse to work together. 
  • 5:10 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Sep. 4, 2020
    Presiding Officer:
    Hon. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX
  • 8:30 am
    0.50 hr
    Case Law Update: Part II

    Matthew Arth, Locke Lord LLP - Austin, TX
    Carrie Collier-Brown, Locke Lord LLP - Austin, TX
    Materials By:
    Wellesley Anna DuBois, Texas Tech University School of Law - Lubbock, TX
    Raul A. Romero, Texas Tech Law Review - Lubbock, TX

    Examine significant administrative law cases issued during the last year.
  • 9:00 am
    5-Minute Break

  • 9:05 am
    0.50 hr
    Back to Basics: Administrative Procedures Act

    Leah Gillum, Texas Department of Insurance - Austin, TX

    Texas’ framework for administrative hearings and rule-making is 45 years old. Explore its origin, evolution, current applicability, and future challenges.  
  • 9:35 am
    5-Minute Break

  • 9:40 am
    1.00 hr ethics
    Both Sides Now: When Lawyers Go Too Far

    Cynthia Canfield Hamilton, Employees Retirement System of Texas - Austin, TX
    Jennifer S. Riggs, Riggs & Ray, P.C. - Austin, TX

    Explore the ethical and practical concerns from the perspectives of opposing counsel. Discuss the strategies for maintaining courtesy and professionalism without compromising the obligation to zealously represent clients. Hear about the ethical challenges faced by government lawyers when adverse parties are pro se.
  • 10:40 am
    5-Minute Break

  • 10:45 am
    0.75 hr
    ​Substantial Evidence Standard Review: What is Mere Scintilla Anyway?

    Kellie E. Billings-Ray, Office of the Attorney General - Austin, TX

    Examine what the substantial evidence standard of review means, including a discussion of past and present case law.
  • 11:30 am
    5-Minute Break

  • 11:35 am
    0.50 hr
    Regulatory Takings

    Steve Kosub, Sprouse Shrader Smith PLLC - Austin, TX

    Governmental authority to regulate in Texas is exercised subject to state and federal constitutional limitations on the taking of private property without compensation. Explore these limitations and the consequences of regulation that goes too far.
  • 12:05 pm
    5-Minute Break

  • 12:10 pm
    0.50 hr
    Persuasive Advocacy

    Benjamin Hallmark, Thompson Knight LLP - Austin, TX

    Presenting effective arguments in administrative proceedings.
  • 12:40 pm
    Break for Lunch—Presentation Resumes at 1:05 p.m.

  • Friday Afternoon, Sep. 4, 2020
    Presiding Officer:
    William D. Dugat III, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 1:05 pm
    0.50 hr
    Riding the Magic Unicorn: Practicalities of Filing at SOAH and the Travis County District Court

    Lesley Martin Ondrechen, State Office of Administrative Hearings - Austin, TX
    Velva L. Price, Travis County District Clerk - Austin, TX

    EFiling at the State Office of Administrative Hearings can be a little different from eFiling in the courts. Learn about what SOAH needs to have to ensure your eFiling is accepted.
  • 1:35 pm
    5-Minute Break

  • 1:40 pm
    0.50 hr
    Pre-Litigation: Alternative Means to Resolving Cases before SOAH

    Rodney Montes, Montes Law Practice - Austin, TX

    A focus on informal proceeding processes at various state agencies to resolve agency investigations. Explore statutory and agency rule authority granting informal resolution of investigations prior to formal proceedings at SOAH.
  • 2:10 pm
    5-Minute Break

  • 2:15 pm
    0.75 hr
    The Art of Persuasion: Winning at SOAH

    Craig Bennett, Jackson Walker LLP - Austin, TX
    Jason Ray, Riggs & Ray, P.C. - Austin, TX

    To organize and present an effective case, you need to understand not just the law, but also what will genuinely be persuasive to the judge. Explore effective ways to frame a persuasive case and to organize evidence and arguments to support it.
  • 3:00 pm
    5-Minute Break

  • 3:05 pm
    0.50 hr ethics
    Ethics, Tips, and Best Practices for Settling Cases with Multiple Clients

    Claude E. Ducloux, Attorney at Law - Austin, TX

    Representing multiple parties with claims in the same matter presents sensitive issues involving disclosure, potential conflicts, and ethical dangers. Discuss these central issues—1) What groundwork do you need to lay to create an atmosphere where settlement is possible?; 2) What strategies must you follow to effect an ethical settlement with limited funds?; and 3) And when do you need to withdraw?
  • 3:35 pm
    Adjourn

Conference Faculty

Tamara Aronstein

Sunset Advisory Commission
Austin, TX

Matthew Arth

Locke Lord LLP
Austin, TX

Ron Beal

Baylor Law School
Waco, TX

Craig Bennett

Jackson Walker LLP
Austin, TX

Erin Bennett

Office of the Governor
Austin, TX

Kellie E. Billings-Ray

Office of the Attorney General
Austin, TX

Hon. J. Brett Busby

The Supreme Court of Texas
Austin, TX

Esther Chavez

Office of the Attorney General
Austin, TX

Carrie Collier-Brown

Locke Lord LLP
Austin, TX

Wellesley Anna DuBois

Texas Tech University School of Law
Lubbock, TX

Hon. David D. DuBose

State Office of Administrative Hearings
Austin, TX

Claude E. Ducloux

Attorney at Law
Austin, TX

Leah Gillum

Texas Department of Insurance
Austin, TX

Hon. Maya Guerra Gamble

459th District Court
Austin, TX

Benjamin Hallmark

Thompson Knight LLP
Austin, TX

Cynthia Canfield Hamilton

Employees Retirement System of Texas
Austin, TX

Franklin Hopkins

Germer Beaman & Brown PLLC
Austin, TX

Rob Johnson

Foley & Lardner LLP
Austin, TX

Barbara Jordan

Germer Beaman & Brown PLLC
Austin, TX

Kimberly G. Kelley

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Chris W. Kirby

BridgeField Group
Austin, TX

Steve Kosub

Sprouse Shrader Smith PLLC
Austin, TX

Shane Linkous

State Office of Administrative Hearings
Austin, TX

Dominica McGinnis

BridgeField Group
Austin, TX

Andres S. Medrano

Foley & Lardner LLP
Austin, TX

Hon. Kristofer S. Monson

State Office of Administrative Hearings
Austin, TX

Rodney Montes

Montes Law Practice
Austin, TX

Steven M. Ogle

Sunset Advisory Commission
Austin, TX

Lesley Martin Ondrechen

State Office of Administrative Hearings
Austin, TX

Velva L. Price

Travis County District Clerk
Austin, TX

Jason Ray

Riggs & Ray, P.C.
Austin, TX

Jennifer S. Riggs

Riggs & Ray, P.C.
Austin, TX

Raul A. Romero

Texas Tech Law Review
Lubbock, TX

Hon. Jeff Rose

Third Court of Appeals
Austin, TX

Adrian P. Senyszyn

MehaffyWeber, P.C.
San Antonio, TX

Hon. Victor John Simonds

State Office of Administrative Hearings
Austin, TX

Planning Committee

Andrea Moore Stover—Chair

Baker Botts, LLP
Austin, TX

J. Bruce Bennett

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

William D. Dugat III

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Katherine Farrell

Teacher Retirement System of Texas
Austin, TX

Sara J. Ferris

Office of the Attorney General
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

April G. Griffin

The Law Office of April Griffin
Pflugerville, TX

Franklin Hopkins

Germer Beaman & Brown PLLC
Austin, TX

Steve Kosub

Sprouse Shrader Smith PLLC
Austin, TX

Dudley D. McCalla

Jackson Walker LLP
Austin, TX

Andres S. Medrano

Foley & Lardner LLP
Austin, TX

Hon. Kristofer S. Monson

State Office of Administrative Hearings
Austin, TX

Janet I. Monteros

TX Health and Human Services Commission
El Paso, TX

Rodney Montes

Montes Law Practice
Austin, TX

Linda B. Secord

Office of the Attorney General
Austin, TX

Adrian P. Senyszyn

MehaffyWeber, P.C.
San Antonio, TX

Colleen M. Sullivan

Third Court of Appeals
Austin, TX

Hon. Holly Vandrovec

State Office of Administrative Hearings
Austin, TX

Donald N. Walker

Stone Loughlin & Swanson, LLP
Austin, TX

Karen L. Watkins

Office of the Attorney General
Austin, TX

Kristen L. Worman

Texas Department of Criminal Justice
Austin, TX

Credit Info

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.
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
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
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

Live Webcast – Sep 3-4, 2020
Conference Concluded
Austin - CANCELED – Sep 3-4, 2020 – AT&T Conference Center
Conference Concluded
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Live Webcast
Last day for cancellation (full refund): Aug 28, 2020

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Last day for cancellation: Aug 31, 2020

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