University of Texas School of Law
15th Annual
Advanced Texas Administrative Law Seminar
Live Webcast Sep 3-4, 2020
$545 Individual
$275 Government Attorney
$520 Administrative Public Law Section Member - Individual
$250 Administrative Public Law Section Member - Government Attorney
$490 Group rate per person (5 registrants minimum)
$435 Group rate per person (10 registrants minimum)
Related products: eConferences, Materials
In response to current events, UT Law CLE has suspended live, in-person attendance for the 2020 Advanced Texas Administrative Law Seminar.

However, this year’s conference will continue virtually, via Live Webcast, as currently scheduled on September 3-4, 2020 enabling currently registered attendees to receive timely information and meet their MCLE requirements. We will notify all registrants via email with options for transferring their registration to this live webcast or requesting credits/refunds, and will post regular updates on our website regarding this conference. For further inquiries, please contact our Customer Service Team at 
service@utcle.org.
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

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Program Features
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.

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

7/10/20
Schedule

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

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.

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

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

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

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Faculty

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
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
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
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

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Credit Information

MCLE Credit

Texas
13.50 hrs  |  2.25 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
13.50 hrs  |  2.25 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
16.00 hrs  |  2.50 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.
Pennsylvania
13.50 hrs  |  2.00 hrs Ethics
Additional Information
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. 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
16.00 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.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

MCLE Credit

Texas
13.50 hrs  |  2.25 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
13.50 hrs  |  2.25 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
16.00 hrs  |  2.50 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
16.00 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.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Key Dates

Live Webcast

  • Last day for cancellation (full refund): Aug 28, 2020
  • Last day for cancellation (partial refund): Aug 31, 2020
    $50 processing fee applied

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Hotel / Venue

UT Law CLE

2020 Advanced Texas Administrative Law Seminar

Sponsors