eConference
2016 Advanced Texas Administrative Law eConference
Contains material from Oct 2016
2016 Advanced Texas Administrative Law eConference
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The Advanced Texas Administrative Law eConference brings together members of the judiciary, as well as regulatory and academic communities, to discuss the latest legislative and case law updates, rule changes and other timely topics.
2016 program highlights include:
- Discussion of significant administrative law cases issued during the last year, plus updates on open government legislation, motions for rehearing, governmental immunity, and developments at the State Office of Administrative Hearings
- Exploration of hot topics, including the Use or Abuse of Social Media by Texas Administrative Agencies, Data Breaches, and Contracting after the 2015 Legislative Session
- Agency Spotlight: Employees Retirement System of Texas with Porter Wilson, Executive Director
- Top Ten Tips for Drafting Legislation with Erin Smith of the Texas Legislative Counsel
- A deep dive into the rules and rulemaking, including a panel discussion on Rules and Rulemaking: The Need and Prospects for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges
- Hon. Suzanne Formby Marshall moderates the annual unscripted round-robin discussion among members of the judiciary, featuring Hon. Jeffrey S. Boyd, Hon. Jeffrey L. Rose and Hon. Amy Clark-Meachum
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1.
Case Law Update: Part I (Oct 2016)
Andres S. Medrano, Laurie Ratliff
0.50
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Session 1
—28 mins
Case Law Update: Part I (Oct 2016)
Discuss significant administrative law cases issued during the last year.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Andres S. Medrano,
Gardere Wynne Sewell LLP - Austin, TX
Laurie Ratliff,
Ikard Golden Jones P.C. - Austin, TX
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2.
Open Government Update (Oct 2016)
Kimberly L. Fuchs, Lori Anne Fixley Winland
0.50
0.00
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Session 2
—32 mins
Open Government Update (Oct 2016)
Review recent legislation and judicial decisions concerning the Texas Public Information Act and the Texas Open Meetings Act.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Kimberly L. Fuchs,
Office of the Attorney General - Austin, TX
Lori Anne Fixley Winland,
Locke Lord LLP - Austin, TX
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3.
Motion for Rehearing Update (Oct 2016)
John H. H. Bennett
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Session 3
—26 mins
Motion for Rehearing Update (Oct 2016)
An examination of the intent and key provisions of Senate Bill 1267, which recently amended the notice and rehearing provisions of the Texas Administrative Procedure Act.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
John H. H. Bennett,
Office of Senator Craig Estes - Austin, TX
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4.
Contracting after the 2015 Legislative Session: New Reporting and Oversight Requirements (Oct 2016)
Ann Bright, Sydney W. Falk Jr.
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Session 4
—36 mins
Contracting after the 2015 Legislative Session: New Reporting and Oversight Requirements (Oct 2016)
A discussion of the significant legislation relating to contracting with governmental bodies enacted by the 84th Texas Legislature, including new requirements for monitoring and disclosures.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Ann Bright,
Texas Parks and Wildlife Department - Austin, TX
Sydney W. Falk Jr.,
Bickerstaff Heath Delgado Acosta LLP - Austin, TX
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5.
Chapter 55 Implementation: Veterans and Licensing (Oct 2016)
Randy Nesbitt, Virginia S. Fields, Douglas A. Jennings
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Session 5
—20 mins
Chapter 55 Implementation: Veterans and Licensing (Oct 2016)
A brief history and discussion of implementing legislation designed to bridge the gap for veterans reentering the workforce, with practice tips for expediting veteran licensure.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Randy Nesbitt,
Texas Department of Licensing and Regulation - Austin, TX
Virginia S. Fields,
Texas Department of Licensing and Regulation - Austin, TX
Douglas A. Jennings,
Texas Department of Licensing and Regulation - Austin, TX
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6.
Licensing: Temporary Suspensions and Convictions (Oct 2016)
Franklin Hopkins, Joseph T. Marcee
0.75
0.25
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Session 6
—44 mins
Licensing: Temporary Suspensions and Convictions (Oct 2016)
Explore the current landscape of temporary suspensions and criminal dispositions. Learn what the government has to prove in these proceedings, develop effective rebuttal strategies, and understand the difference between deferred adjudication and deferred prosecution.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Franklin Hopkins,
Germer Gertz Beaman & Brown PLLC - Austin, TX
Joseph T. Marcee,
Law Office of Joseph T. Marcee - Georgetown, TX
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7.
Top Ten Tips for Drafting Legislation (Oct 2016)
Erin Smith
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Session 7
—28 mins
Top Ten Tips for Drafting Legislation (Oct 2016)
In anticipation of the upcoming legislative session, get the expert's advice on some best practices for preparing and analyzing bills and amendments.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Erin Smith,
Texas Legislative Council - Austin, TX
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8.
The Civility Oath (Oct 2016)
Kirk Watson
0.25
0.25
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Session 8
—21 mins
The Civility Oath (Oct 2016)
Recent changes to the Texas Lawyer's Oath put the state’s citizens firmly behind the idea that Texas lawyers and judges should conduct themselves with the highest standards of civility and professionalism. Hear one legislator's take on the new oath and on the current state of the practice.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Kirk Watson,
Texas State Senate, District 14 - Austin, TX
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9.
Challenges to Agency Rules (Oct 2016)
Dudley D. McCalla
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Session 9
—30 mins
Challenges to Agency Rules (Oct 2016)
The Legislature creates agencies and grants them rulemaking authority. Statutes also provide an opportunity to comment on proposed rules, to require agencies to justify their rules, and to challenge rules believed to impair rights or privileges of affected entities. Hear a review of the authority granted to agencies and examine the rulemaking challenges in the current landscape.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Dudley D. McCalla,
Of Counsel, Jackson Walker LLP - Austin, TX
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10.
What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law (Oct 2016)
Steven Baron
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Session 10
—33 mins
What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law (Oct 2016)
When must a Texas administrative agency use the APA’s notice-and-comment rulemaking procedures? When is a statement by an agency or an agency official considered to be a rule that can be challenged in an APA declaratory judgment action? A review of the case law sheds some light on these mysteries.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Steven Baron,
Baron Consulting and Legal Services - Austin, TX
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11.
Rules and Rulemaking: The Need for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges (Oct 2016)
Steven Baron, Dudley D. McCalla, Kristofer S. Monson, Donald N. Walker
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Session 11
—61 mins
Rules and Rulemaking: The Need for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges (Oct 2016)
Is Texas law on rules and rulemaking procedures as muddled as some say? What are the prospects for clarification by the Texas Supreme Court? When can a rule be challenged on substantive due course of law grounds under the Court’s decision in Patel v. Texas Department of Licensing and Regulation? A panel of experienced administrative law practitioners discusses these issues.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Steven Baron,
Baron Consulting and Legal Services - Austin, TX
Dudley D. McCalla,
Of Counsel, Jackson Walker LLP - Austin, TX
Kristofer S. Monson,
Office of the Attorney General - Austin, TX
Donald N. Walker,
Stone Loughlin & Swanson, LLP - Austin, TX
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12.
Texas v. United States: Procedural Lessons Learned (Oct 2016)
Linda B. Secord, Mark L. Walters
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Session 12
—21 mins
Texas v. United States: Procedural Lessons Learned (Oct 2016)
Explore the important procedural differences between state and federal administrative law practice.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Linda B. Secord,
Office of the Attorney General - Austin, TX
Mark L. Walters,
Jackson Walker LLP - Austin, TX
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13.
State Office of Administrative Hearings Update (Oct 2016)
Hon. Lesli Ginn, Hon. Tom Walston
0.25
0.00
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Session 13
—23 mins
State Office of Administrative Hearings Update (Oct 2016)
Hear an update on developments at SOAH, including implementation of Sunset recommendations, rule amendments, plans for an electronic case management system, and other items of interest.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Hon. Lesli Ginn,
State Office of Administrative Hearings - Austin, TX
Hon. Tom Walston,
State Office of Administrative Hearings - Austin, TX
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14.
State Office of Administrative Hearings Judicial Panel (Oct 2016)
Hon. Hunter Burkhalter, Hon. Roy Scudday, Hon. Rebecca Smith, Hon. Holly Vandrovec
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Session 14
—41 mins
State Office of Administrative Hearings Judicial Panel (Oct 2016)
A discussion of recent developments at SOAH, including the use of mass dockets, new procedural rules, access for self-represented litigants, and other procedural matters.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Hon. Hunter Burkhalter,
State Office of Administrative Hearings - Austin, TX
Hon. Roy Scudday,
State Office of Administrative Hearings - Austin, TX
Hon. Rebecca Smith,
State Office of Administrative Hearings - Austin, TX
Hon. Holly Vandrovec,
State Office of Administrative Hearings - Austin, TX
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15.
Case Law Update: Part II (Oct 2016)
Andres S. Medrano, Laurie Ratliff
0.50
0.00
0.00
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Session 15
—26 mins
Case Law Update: Part II (Oct 2016)
A continuation of the discussion of significant administrative law cases issued during the last year.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Andres S. Medrano,
Gardere Wynne Sewell LLP - Austin, TX
Laurie Ratliff,
Ikard Golden Jones P.C. - Austin, TX
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16.
Who is Your Client? (Oct 2016)
James E. Davis
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Session 16
—30 mins
Who is Your Client? (Oct 2016)
A discussion of the role of the Attorney General in the attorney-client relationship.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
James E. Davis,
Office of the Attorney General - Austin, TX
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17.
Governmental Immunity Review (Oct 2016)
Emily R. Jolly
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0.00
0.00
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Session 17
—29 mins
Governmental Immunity Review (Oct 2016)
A review of recent Supreme Court of Texas decisions on governmental immunity, with a focus on the Court’s application of the governmental-proprietary dichotomy in the context of contract claims.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Emily R. Jolly,
Enoch Kever PLLC - Austin, TX
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18.
Use or Abuse of Social Media by Texas Administrative Agencies (Oct 2016)
Steve Kosub
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Session 18
—30 mins
Use or Abuse of Social Media by Texas Administrative Agencies (Oct 2016)
On December 14, 2015, the U.S. General Accounting Office issued Ruling B-326944 regarding application of federal publicity or propaganda and anti-lobbying provisions to certain social media activities of the Environmental Protection Agency. Is this a uniquely federal issue, or a new concern for agency counsel in Texas? What law or policies restrict use of social media by Texas agencies?
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Steve Kosub,
San Antonio Water System - San Antonio, TX
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19.
Data Breaches (Oct 2016)
Claudia V. Escobar, April G. Griffin
0.50
0.50
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Session 19
—23 mins
Data Breaches (Oct 2016)
Best practices for avoiding breaches and addressing them when they occur.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Claudia V. Escobar,
Texas Department of Information Resources - Austin, TX
April G. Griffin,
Office of the Attorney General - Austin, TX
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20.
Impaired Attorneys and the Texas Lawyers’ Assistance Program (Oct 2016)
Allan K. DuBois
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Session 20
—35 mins
Impaired Attorneys and the Texas Lawyers’ Assistance Program (Oct 2016)
Learn about the lifesaving services of the Texas Lawyers Assistance Program, and the Sheeran Crowley Memorial Trust, which assist lawyers, judges and law students who are dealing with substance abuse and/or mental health disorders. These disorders can impact a law practice—hear about services available to restore the lawyer’s life and practice to one of the highest ethical standards.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Allan K. DuBois,
Immediate Past President, State Bar of Texas - Austin, TX
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21.
Agency Spotlight: Employees Retirement System of Texas (ERS) (Oct 2016)
Porter Wilson
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Session 21
—32 mins
Agency Spotlight: Employees Retirement System of Texas (ERS) (Oct 2016)
Hear an overview of current activity at ERS, whose mission is to provide competitive benefits in support of the State of Texas workforce. The ever-changing benefits and budget landscape offers continual challenges in meeting this mission, with real impacts to employees and their families.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Porter Wilson,
Executive Director, Employees Retirement System of Texas - Austin, TX
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22.
Pro Bono Opportunities (Oct 2016)
Cicely C. Reid
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0.50
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Session 22
—31 mins
Pro Bono Opportunities (Oct 2016)
Learn about the advocacy and volunteer opportunities at Disability Rights Texas (DRTx), the federally-designated protection and advocacy organization for the State of Texas. Hear about the services available to Texans living with disabilities and the pro bono volunteer lawyer opportunities to work on DRTx cases.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Cicely C. Reid,
Disability Rights Texas - Houston, TX
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23.
The Meaning of Inaction (Oct 2016)
Hon. Lesli Ginn
0.50
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Session 23
—29 mins
The Meaning of Inaction (Oct 2016)
Explore the concept of legislative acquiescence in Texas law.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Hon. Lesli Ginn,
State Office of Administrative Hearings - Austin, TX
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24.
Agency Deference at the Texas Supreme Court (Oct 2016)
James E. Davis, Brantley D. Starr
0.50
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Session 24
—26 mins
Agency Deference at the Texas Supreme Court (Oct 2016)
An overview of the Court’s view of agency deference and the interplay between how the Court construes statutes and when it defers to agencies.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
James E. Davis,
Office of the Attorney General - Austin, TX
Brantley D. Starr,
Office of the Attorney General - Austin, TX
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25.
Forcing the Agency’s Hand: Right to Final Agency Action and Judicial Review of Temporary Suspension Orders post-Wiseman (Oct 2016)
Dan Lype, Rodney Montes
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Slides
(pdf)
8 pgs
Session 25
—23 mins
Forcing the Agency’s Hand: Right to Final Agency Action and Judicial Review of Temporary Suspension Orders post-Wiseman (Oct 2016)
Analyze the exhaustion of administrative remedies doctrine as applied to temporary agency actions such as temporary suspensions, the practical effects, such as an elongated suspension period, of temporary agency action, and the right of the licensee to appeal such actions prior to a final agency order post the Wiseman appellate decision.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Dan Lype,
Leichter Law Firm - Austin, TX
Rodney Montes,
Montes Law Practice - Austin, TX
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26.
Judicial Panel (Oct 2016)
Hon. Suzanne Formby Marshall, Hon. Jeffrey S. Boyd, Hon. Jeffrey L. Rose, Hon. Amy Clark-Meachum
1.00
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Session 26
—67 mins
Judicial Panel (Oct 2016)
An unscripted round-robin discussion.
Originally presented: Sep 2016 Advanced Texas Administrative Law Seminar
Hon. Suzanne Formby Marshall,
State Office of Administrative Hearings - Austin, TX
Hon. Jeffrey S. Boyd,
The Supreme Court of Texas - Austin, TX
Hon. Jeffrey L. Rose,
Third Court of Appeals - Austin, TX
Hon. Amy Clark-Meachum,
201st Judicial District Civil Court - Austin, TX