15^th Annual

Advanced Texas Administrative Law Seminar

Live Webcast Sep 3-4, 2020
Conference Concluded

Buy

Related products: eConference Materials

PRESENTED BY
The University of Texas School of Law
The Administrative and Public Law Section of the State Bar of Texas (APLS)

PARTNER SPONSOR
Thompson & Knight

SUPPORTER SPONSOR
Locke Lord LLP

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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

Program is subject to change.
All times are Central Time Zone.

Day 1 September 3, 2020
Day 2 September 4, 2020

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

Examine significant administrative law cases issued during the last year.

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
9:00 am

5-Minute Break
9:05 am

0.75 hr

Open Government Update

Updates on the Public Information Act and Open Meetings Act, including lessons learned about maintaining transparency in the time of coronavirus.

Kimberly G. Kelley, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
9:50 am

5-Minute Break
9:55 am

0.75 hr

Navigating Your Licensing Case Pre-SOAH

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.

Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
Barbara Jordan, Germer Beaman & Brown PLLC - Austin, TX
10:40 am

5-Minute Break
10:45 am

0.75 hr

Ad-Hoc Rulemaking

An examination of ad-hoc rulemaking in state and federal administrative proceedings from the perspective of both government agencies and counsel representing regulated entities.

Rob Johnson, Foley & Lardner LLP - Austin, TX
Andres S. Medrano, Foley & Lardner LLP - Austin, TX
11:30 am

5-Minute Break
11:35 am

0.50 hr

A Preview of Sunset Legislation During the 2021 Legislative Session

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.

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

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.

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
1:30 pm

5-Minute Break
1:35 pm

0.50 hr

Introduction to the Office of the Governor’s Regulatory Compliance Division

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.

Erin Bennett, Office of the Governor - Austin, TX
2:05 pm

5-Minute Break
2:10 pm

0.50 hr

Rulemaking: Governor Abbott’s Participation in the Process

Governor Abbott unilaterally asserts control over all rulemaking by state agencies. Such power is exercised wholly in private. Constitutional?

Ron Beal, Baylor Law School - Waco, TX
2:40 pm

5-Minute Break
2:45 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.

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
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

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.

Esther Chavez, Office of the Attorney General - Austin, TX
Adrian P. Senyszyn, MehaffyWeber, P.C. - San Antonio, TX
4:20 pm

5-Minute Break
4:25 pm

0.75 hr ethics

How to Ethically Build Diverse Relationships in the Legal Profession

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.

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

Examine significant administrative law cases issued during the last year.

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
9:00 am

5-Minute Break
9:05 am

0.50 hr

Back to Basics: Administrative Procedures Act

Texas’ framework for administrative hearings and rule-making is 45 years old. Explore its origin, evolution, current applicability, and future challenges.

Leah Gillum, Texas Department of Insurance - Austin, TX
9:35 am

5-Minute Break
9:40 am

1.00 hr ethics

Both Sides Now: When Lawyers Go Too Far

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.

Cynthia Canfield Hamilton, Employees Retirement System of Texas - Austin, TX
Jennifer S. Riggs, Riggs & Ray, P.C. - Austin, TX
10:40 am

5-Minute Break
10:45 am

0.75 hr

Substantial Evidence Standard Review: What is Mere Scintilla Anyway?

Examine what the substantial evidence standard of review means, including a discussion of past and present case law.

Kellie E. Billings-Ray, Office of the Attorney General - Austin, TX
11:30 am

5-Minute Break
11:35 am

0.50 hr

Regulatory Takings

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.

Steve Kosub, Sprouse Shrader Smith PLLC - Austin, TX
12:05 pm

5-Minute Break
12:10 pm

0.50 hr

Persuasive Advocacy

Presenting effective arguments in administrative proceedings.

Benjamin Hallmark, Thompson Knight LLP - Austin, TX
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

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.

Lesley Martin Ondrechen, State Office of Administrative Hearings - Austin, TX
Velva L. Price, Travis County District Clerk - Austin, TX
1:35 pm

5-Minute Break
1:40 pm

0.50 hr

Pre-Litigation: Alternative Means to Resolving Cases before SOAH

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.

Rodney Montes, Montes Law Practice - Austin, TX
2:10 pm

5-Minute Break
2:15 pm

0.75 hr

The Art of Persuasion: Winning at SOAH

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.

Craig Bennett, Jackson Walker LLP - Austin, TX
Jason Ray, Riggs & Ray, P.C. - Austin, TX
3:00 pm

5-Minute Break
3:05 pm

0.50 hr ethics

Ethics, Tips, and Best Practices for Settling Cases with Multiple Clients

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?

Claude E. Ducloux, Attorney at Law - Austin, TX
3:35 pm

Adjourn

Day 1 September 3, 2020
Day 2 September 4, 2020

Download Schedule

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

James W. Checkley Jr.

Cross Texas Transmission, LLC
West Lake Hills, 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

Live Webcast

MCLE Credit

Texas – 13.50 hrs | 2.25 hrs Ethics
Legal Specialization(s): Administrative Law

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 – 13.50 hrs | 2.25 hrs Ethics

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 – 16.00 hrs | 2.50 hrs Ethics

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.

Pennsylvania – 13.50 hrs | 2.00 hrs Ethics

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.

Other States – 13.50 hrs | 2.25 hrs Ethics

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. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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 – 16.00 hrs

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

Buy

Live Webcast

Individual
Government Attorney
Administrative Public Law Section Member - Individual
Administrative Public Law Section Member - Government Attorney
Group (5 registrants minimum)
Group (10 registrants minimum)
Last day for cancellation (full refund): Aug 28, 2020

$50 processing fee applied after this date

Last day for cancellation: Aug 31, 2020

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Administrative and Public Law Section

Administrative and Public Law Section
Thompson & Knight

Established in 1887, Thompson & Knight is a full-service firm with more than 300 attorneys in its Texas and New York offices as well as international offices and associations in the Americas, North Africa, and Europe. Thompson & Knight has represented clients in administrative law and regulatory matters at the federal, state, and local levels for more than 60 years. Working in a complex regulatory and business landscape, marked by changing rules and economies, the Firm’s attorneys offer sound advice and clear answers that come from in-depth policy, legal, and industry experience. In addition to providing legal services to a wide range of clients, the Firm takes pride in the depth of its energy industry experience. Thompson & Knight is honored to be ranked in Chambers USA 2020 among the top firms in Texas for Energy: State Regulatory & Litigation as well as named the “Law Firm of the Year” in Natural Resources Law (2018) and Oil & Gas Law (2011-2013, 2015, 2017) by U.S. News - Best Lawyers® “Best Law Firms.”
www.tklaw.com

15th Annual

Advanced Texas Administrative Law Seminar

Live Webcast Sep 3-4, 2020 Conference Concluded

Buy

Related products: eConference Materials

Overview

Event Schedule

Thursday Morning, Sep. 3, 2020

Thursday Afternoon, Sep. 3, 2020

Friday Morning, Sep. 4, 2020

Friday Afternoon, Sep. 4, 2020

Conference Faculty

Tamara Aronstein

Matthew Arth

Ron Beal

Craig Bennett

Erin Bennett

Kellie E. Billings-Ray

Hon. J. Brett Busby

Esther Chavez

Carrie Collier-Brown

Wellesley Anna DuBois

Hon. David D. DuBose

Claude E. Ducloux

Leah Gillum

Hon. Maya Guerra Gamble

Benjamin Hallmark

Cynthia Canfield Hamilton

Franklin Hopkins

Rob Johnson

Barbara Jordan

Kimberly G. Kelley

Chris W. Kirby

Steve Kosub

Shane Linkous

Dominica McGinnis

Andres S. Medrano

Hon. Kristofer S. Monson

Rodney Montes

Steven M. Ogle

Lesley Martin Ondrechen

Velva L. Price

Jason Ray

Jennifer S. Riggs

Raul A. Romero

Hon. Jeff Rose

Adrian P. Senyszyn

Hon. Victor John Simonds

Planning Committee

Andrea Moore Stover—Chair

J. Bruce Bennett

James W. Checkley Jr.

William D. Dugat III

Katherine Farrell

Sara J. Ferris

Kimberly A. Frost

Jon L. Gillum

Leah Gillum

April G. Griffin

Franklin Hopkins

Steve Kosub

Dudley D. McCalla

Andres S. Medrano

Hon. Kristofer S. Monson

Janet I. Monteros

Rodney Montes

Linda B. Secord

Adrian P. Senyszyn

Colleen M. Sullivan

Hon. Holly Vandrovec

Donald N. Walker

Karen L. Watkins

Kristen L. Worman

Credit Info

MCLE Credit

Other Credit

Key Dates

Our Sponsors

Administrative and Public Law Section

Sign-Up for Our Hooked on CLE Monthly Newsletter

15^th Annual

Live Webcast Sep 3-4, 2020
Conference Concluded