16^th Annual

Advanced Texas Administrative Law Seminar

Live Webcast Sep 9-10, 2021
Conference Concluded

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.

2021 highlights include:

Updates on significant administrative law cases and legislative activity during the last year, Open Government decisions, and changes at SOAH.
An exploration of hot topics, including Exhaustion of Administrative Remedies, A Year of Virtual Open Meetings under the Governor’s Disaster Proclamation, and Use and Abuse of Public Security Declaratory Judgment Actions.
Tips, considerations, and best practices for Effective Cross-Examination at SOAH: I Fought the Law… And the Law Won and Practical Tips for Remote Litigation.
The always popular unscripted round-robin discussion during the Judicial Panel, including a Q&A for attendees.
2.00 hours of ethics, including presentations on The New Texas Disciplinary Rules and Technology and Ethics.

Following the webcast, attendees will receive a free, on-demand eSupplement that will bring their total available hours to 15.00, including 3.00 hours of ethics.

Event Schedule

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

Day 1 September 9, 2021
Day 2 September 10, 2021

Time

Credit

Subject

Speaker
Thursday Morning, Sep. 9, 2021
Presiding Officer:
William D. Dugat III, Bickerstaff Heath Delgado Acosta 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

Matthew Arth, Locke Lord LLP - Austin, TX
Carrie Collier-Brown, Locke Lord LLP - Austin, TX
9:00 am

10-Minute Break
9:10 am

0.50 hr

Legislative Update

A focus on select bills enacted by the 87th Texas Legislature that impact administrative law practitioners.

Sara J. Ferris, Office of the Attorney General, Environmental Protection Division - Austin, TX

Sara J. Ferris, Office of the Attorney General, Environmental Protection Division - Austin, TX
9:40 am

10-Minute Break
9:50 am

0.75 hr

Open Government in a Shutdown World

An update on the Texas Public Information Act, Texas Open Meetings Act, and recent legislative developments.

Brian O'Reilly, Locke Lord LLP - Austin, TX
Lori Fixley Winland, Ogletree Deakins - Oklahoma, OK

Brian O'Reilly, Locke Lord LLP - Austin, TX
Lori Fixley Winland, Ogletree Deakins - Oklahoma, OK
10:35 am

10-Minute Break
10:45 am

0.75 hr

SOAH Update

The State Office of Administrative Hearings has adopted an entirely new system for tracking and setting cases. Learn about our new docketing and case-assignment procedures, and how they will allow SOAH to provide high-quality hearings services to Texans.

Hon. Kristofer S. Monson, State Office of Administrative Hearings - Austin, TX

Hon. Kristofer S. Monson, State Office of Administrative Hearings - Austin, TX
11:30 am

Break for Lunch—Presentation Resumes at 12:00 p.m. CT
Thursday Afternoon, Sep. 9, 2021
Presiding Officer:
Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
LUNCHEON PRESENTATION
12:00 pm

0.50 hr

Agency Spotlight: Texas Behavioral Health Executive Council

The Texas Behavioral Health Executive Council represents a new approach to regulating mental health care providers by balancing regulatory oversight with professional standards.

Darrel D. Spinks, Texas Behavioral Health Executive Council - Austin, TX

Darrel D. Spinks, Texas Behavioral Health Executive Council - Austin, TX
12:30 pm

10-Minute Break
12:40 pm

0.75 hr

Exhaustion of Administrative Remedies

Review the doctrine of exhaustion of administrative remedies with a particular exploration of the impact of the Fifth Circuit's decision in Nidia Heston, et al v. Austin Independent School District, 816 Fed. Appx. 977.

Hon. Steve Elliot, State Office of Administrative Hearings - Austin, TX
Hon. Ian Seth Spechler, State Office of Administrative Hearings - Austin, TX

Hon. Steve Elliot, State Office of Administrative Hearings - Austin, TX
Hon. Ian Seth Spechler, State Office of Administrative Hearings - Austin, TX
1:25 pm

10-Minute Break
1:35 pm

0.50 hr

Practical Tips for Remote Depositions

An advanced tutorial on remote depositions discussing, among other things, witness preparation, lighting, and curating your space.

Johnathan Stone, Office of the Attorney General - Austin, TX

Johnathan Stone, Office of the Attorney General - Austin, TX
2:05 pm

10-Minute Break
2:15 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. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Darlene Byrne, Third Court of Appeals - Austin, TX
Hon. Rebeca Huddle, The Texas Supreme Court - Austin, TX
Hon. Catherine A. Mauzy, 419th Civil District Court - Austin, TX

Moderator:
Hon. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX
Panelists:
Hon. Darlene Byrne, Third Court of Appeals - Austin, TX
Hon. Rebeca Huddle, The Texas Supreme Court - Austin, TX
Hon. Catherine A. Mauzy, 419th Civil District Court - Austin, TX
3:15 pm

10-Minute Break
3:25 pm

1.00 hr ethics

The New Texas Disciplinary Rules: New Tools for the Practice of Law

In February 2021, the lawyers of Texas overwhelmingly voted to approve 12 changes to the Disciplinary Rules of Conduct and three Disciplinary Rules of Procedure. Join us to find out: what they are, and how they work; how you can use these new practice tools; and how you can help other lawyers use them. And get ethics credit for finding out!

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

Claude E. Ducloux, Attorney at Law - Austin, TX
4:25 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Sep. 10, 2021
Presiding Officer:
Karen L. Watkins, Office of the Attorney General - 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

Matthew Arth, Locke Lord LLP - Austin, TX
Carrie Collier-Brown, Locke Lord LLP - Austin, TX
9:00 am

10-Minute Break
9:10 am

0.50 hr

A Year of Virtual Open Meetings under the Governor’s Disaster Proclamation

State agencies have operated under the Governor’s Emergency Proclamation for a year. Learn best practices of holding virtual open meetings and stakeholder’s participation.

Katherine Farrell, Teacher Retirement System of Texas - Austin, TX
Alice McAfee, Teacher Retirement System of Texas - Austin, TX

Katherine Farrell, Teacher Retirement System of Texas - Austin, TX
Alice McAfee, Teacher Retirement System of Texas - Austin, TX
9:40 am

10-Minute Break
9:50 am

1.00 hr

Regulation of Health Care Mid-Level Practitioners

The panel compares and contrasts Advanced Practice Registered Nurses and Physicians' Assistants.

Moderator:
Taralynn Mackay, McDonald, Mackay, Porter & Weitz, LLP - Austin, TX
Panelists:
Susan Rodriguez, Texas Medical Board - Austin, TX
JoAnna Starr, Texas Board of Nursing - Austin, TX

Moderator:
Taralynn Mackay, McDonald, Mackay, Porter & Weitz, LLP - Austin, TX
Panelists:
Susan Rodriguez, Texas Medical Board - Austin, TX
JoAnna Starr, Texas Board of Nursing - Austin, TX
10:50 am

10-Minute Break
11:00 am

0.75 hr

Texas Commission on Law Enforcement: A Municipal-Administrative Law Perspective

Despite the establishment of a state regulatory body (TCOLE), the regulation of policing is almost entirely in the hands of the employer. With TCOLE undergoing a Sunset review this session, will the Legislature grant the agency greater power to regulate police misconduct on a state-wide level?

Ann Marie Skowronski, City of Austin - Law Department - Austin, TX

Ann Marie Skowronski, City of Austin - Law Department - Austin, TX
11:45 am

Break for Lunch—Presentation Resumes at 12:15 p.m.
Friday Afternoon, Sep. 10, 2021
Presiding Officer:
Hon. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX
LUNCHEON PRESENTATION
12:15 pm

0.50 hr

Agency Changes of an ALJ’s Findings of Fact and Conclusions of Law

Examining the authority of an administrative agency to make changes to an Administrative Law Judge’s proposed findings of fact and conclusions of law.

Paul R. Tough, McElroy, Sullivan, Miller & Weber, LLP - Austin, TX
Materials By:
J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX

Paul R. Tough, McElroy, Sullivan, Miller & Weber, LLP - Austin, TX
Materials By:
J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P. - Austin, TX
12:45 pm

10-Minute Break
12:55 pm

0.50 hr

Effective Cross-Examination at SOAH: I Fought the Law... And the Law Won

Teaching English in alternative high schools was the best training Sue ever got as a trial lawyer. She shares her top 10 tips for “winning” at cross-examination.

Susan Dillon Ayers, Jackson Walker LLP - Austin, TX

Susan Dillon Ayers, Jackson Walker LLP - Austin, TX
1:25 pm

10-Minute Break
1:35 pm

1.00 hr

Use and Abuse of Public Security Declaratory Judgment Actions

Chapter 1205 of the Texas Government Code creates an expedited declaratory judgment action regarding public securities and public security authorization. This presentation examines the permissible scope of those actions: how far can they go, and how far is too far?

José de la Fuente, Lloyd Gosselink Rochelle & Townsend, P.C. - Austin, TX
Michael Vance Powell, Locke Lord LLP - Dallas, TX

José de la Fuente, Lloyd Gosselink Rochelle & Townsend, P.C. - Austin, TX
Michael Vance Powell, Locke Lord LLP - Dallas, TX
2:35 pm

10-Minute Break
2:45 pm

0.75 hr

Hot Topics for General Counsels

Identifying the challenges and opportunities in advising state agencies in 2021.

John Presley Beauchamp, Texas Commission on Law Enforcement - Austin, TX
Tracey Beaver, The Texas Department of Motor Vehicles - Austin, TX
Melissa Juarez, Office of the Attorney General - Austin, TX

John Presley Beauchamp, Texas Commission on Law Enforcement - Austin, TX
Tracey Beaver, The Texas Department of Motor Vehicles - Austin, TX
Melissa Juarez, Office of the Attorney General - Austin, TX
3:30 pm

10-Minute Break
3:40 pm

1.00 hr ethics

Technology and Ethics: Adapting to the Post-COVID Practice of Law

Explore the incorporation of technology into the practice of law in response to the COVID-19 crisis, and moving forward. This presentation discusses the utilization of various types of technologies, and the correlating ethical rules to be aware of as practitioners begin to engage with these technologies in practice.

Jessica Vittorio, The Law Office of Jessica Vittorio PLLC - Dallas, TX

Jessica Vittorio, The Law Office of Jessica Vittorio PLLC - Dallas, TX
4:40 pm

Adjourn

Day 1 September 9, 2021
Day 2 September 10, 2021

Download Schedule

Conference Faculty

Matthew Arth

Locke Lord LLP
Austin, TX

Susan Dillon Ayers

Jackson Walker LLP
Austin, TX

John Presley Beauchamp

Texas Commission on Law Enforcement
Austin, TX

Tracey Beaver

The Texas Department of Motor Vehicles
Austin, TX

J. Bruce Bennett

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

Hon. Darlene Byrne

Third Court of Appeals
Austin, TX

Carrie Collier-Brown

Locke Lord LLP
Austin, TX

José de la Fuente

Lloyd Gosselink Rochelle & Townsend, P.C.
Austin, TX

Claude E. Ducloux

Attorney at Law
Austin, TX

Hon. Steve Elliot

State Office of Administrative Hearings
Austin, TX

Katherine Farrell

Teacher Retirement System of Texas
Austin, TX

Sara J. Ferris

Office of the Attorney General, Environmental Protection Division
Austin, TX

Hon. Rebeca Huddle

The Texas Supreme Court
Austin, TX

Melissa Juarez

Office of the Attorney General
Austin, TX

Taralynn Mackay

McDonald, Mackay, Porter & Weitz, LLP
Austin, TX

Hon. Catherine A. Mauzy

419th Civil District Court
Austin, TX

Alice McAfee

Teacher Retirement System of Texas
Austin, TX

Hon. Kristofer S. Monson

State Office of Administrative Hearings
Austin, TX

Brian O'Reilly

Locke Lord LLP
Austin, TX

Michael Vance Powell

Locke Lord LLP
Dallas, TX

Susan Rodriguez

Texas Medical Board
Austin, TX

Ann Marie Skowronski

City of Austin - Law Department
Austin, TX

Hon. Ian Seth Spechler

State Office of Administrative Hearings
Austin, TX

Darrel D. Spinks

Texas Behavioral Health Executive Council
Austin, TX

JoAnna Starr

Texas Board of Nursing
Austin, TX

Johnathan Stone

Office of the Attorney General
Austin, TX

Paul R. Tough

McElroy, Sullivan, Miller & Weber, LLP
Austin, TX

Hon. Holly Vandrovec

State Office of Administrative Hearings
Austin, TX

Jessica Vittorio

The Law Office of Jessica Vittorio PLLC
Dallas, TX

Lori Fixley Winland

Ogletree Deakins
Oklahoma, OK

Planning Committee

William D. Dugat III—Chair

Bickerstaff Heath Delgado Acosta 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

Hon. Amy Clark-Meachum

201st Judicial District Civil Court
Austin, TX

Carrie Collier-Brown

Locke Lord LLP
Austin, TX

Katherine Farrell

Teacher Retirement System of Texas
Austin, TX

Sara J. Ferris

Office of the Attorney General, Environmental Protection Division
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

Kara Denise Holsinger

Office of the Attorney General
Austin, TX

Franklin Hopkins

Germer Beaman & Brown PLLC
Austin, TX

Steve Kosub

Sprouse Shrader Smith PLLC
Austin, TX

Taralynn Mackay

McDonald, Mackay, Porter & Weitz, LLP
Austin, TX

Natasha J. Martin

Graves, Dougherty, Hearon & Moody
Austin, TX

Andres S. Medrano

Foley & Lardner LLP
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

Andrea Moore Stover

Baker Botts, LLP
Austin, TX

Colleen M. Sullivan

The Supreme Court of Texas
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 – 12.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Administrative Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 12.75 hrs | 2.00 hrs Ethics

To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 60-minute credit hour.

Oklahoma – 15.50 hrs | 2.50 hrs Ethics

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

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. 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 – 12.50 hrs | 2.00 hrs Ethics

To claim Pennsylvania MCLE credit, Pennsylvania credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.

Other States – 12.75 hrs | 2.00 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 and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed.

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 – 15.50 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 us at accreditation@utcle.org if you have additional questions.

Key Dates

Live Webcast – Sep 9-10, 2021

Conference Concluded

Buy

Live Webcast

Individual
$545.00

Government Attorney
$275.00

Administrative Public Law Section Member - Individual
$520.00

Administrative Public Law Section Member - Government Attorney
$250.00

Group (5 registrants minimum)
$490.00

Group (10 registrants minimum)
$435.00

Cancellation Policy
Last day for full refund cancellation: Sep 3, 2021
$50 processing fee applied after this date
Last day for cancellation: Sep 6, 2021

Our Sponsors

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

Germer Beaman & Brown PLLC

Germer Beaman & Brown PLLC
www.germer.com

Germer PLLC attorneys have extensive experience representing clients in a diverse array of administrative proceedings pending before state and federal agencies with rulemaking, licensing, regulatory, disciplinary, and enforcement authority, as well as in handling appeals of administrative decisions. Among those administrative proceedings in which the firm’s attorneys regularly represent clients such as the following:

Automobile manufacturers in proceedings before the Texas Department of Transportation;
Physicians before the Texas Medical Board;
Workers’ compensation insurance carriers in judicial review proceedings;
Businesses before state and environmental agencies;
Insurance carriers in SOAH hearings; and
Employers before the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Occupational Health and Safety Administration.

With offices in Austin, as well as Houston and Beaumont, the firm is strategically positioned to respond quickly and efficiently to most all administrative needs.

Advanced Texas Administrative Law Seminar

Overview

Event Schedule

Thursday Morning, Sep. 9, 2021

Thursday Afternoon, Sep. 9, 2021

Friday Morning, Sep. 10, 2021

Friday Afternoon, Sep. 10, 2021

Conference Faculty

Planning Committee

Credit Info

MCLE Credit

Other Credit

Key Dates

Our Sponsors

Germer Beaman & Brown PLLC

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