eCourse
Administrative Law: The Nature of Rules and the Process of Rulemaking
Contains material from Oct 2016
Administrative Law: The Nature of Rules and the Process of Rulemaking
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Session 1: Challenges to Agency Rules - 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.
Session 2: What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law - 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.
Session 3: Rules and Rulemaking: The Need for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges - 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.
Session 2: What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law - 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.
Session 3: Rules and Rulemaking: The Need for Clarification of Procedural Requirements and the Opportunities for Substantive Challenges - 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.
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1.
Challenges to Agency Rules (Oct 2016)
Dudley D. McCalla
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0.00
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Session 1
—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
Show session details
2.
What is a “Rule”? Navigating a Notoriously Muddled Corner(stone) of Texas Administrative Law (Oct 2016)
Steven Baron
0.50
0.00
0.00
Preview Materials
Download session materials for offline use
Session 2
—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
Show session details
3.
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
1.00
0.00
0.00
Preview Materials
Download session materials for offline use
Session 3
—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