2020 Advanced Administrative Law eConference

Case Law Update: Part I (Sep 2020)

Examine significant administrative law cases issued during the last year.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Matthew Arth, Locke Lord LLP - Austin, TX
Carrie Collier-Brown, Locke Lord LLP - Austin, TX

Open Government Update (Sep 2020)

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

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Kimberly G. Kelley, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

Navigating Your Licensing Case Pre-SOAH (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Franklin Hopkins, Germer Beaman & Brown PLLC - Austin, TX
Barbara Jordan, Germer Beaman & Brown PLLC - Austin, TX

Ad-Hoc Rulemaking (Sep 2020)

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

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Rob Johnson, Foley & Lardner LLP - Austin, TX
Andres S. Medrano, Foley & Lardner LLP - Austin, TX

A Preview of Sunset Legislation During the 2021 Legislative Session (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

Agency Spotlight: State Office of Administrative Hearings (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

Introduction to the Office of the Governor’s Regulatory Compliance Division (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Erin Bennett, Office of the Governor - Austin, TX

Rulemaking: Governor Abbott’s Participation in the Process (Sep 2020)

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

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Ron Beal, Baylor Law School - Waco, TX

Judicial Panel (Sep 2020)

Engage in an unscripted round-robin discussion, with time for questions from the audience. Please submit your questions in advance to ConferenceQA@utcle.org.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Hon. David D. DuBose, State Office of Administrative Hearings - Austin, TX
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

Data Security: The Texas Identity Theft Enforcement and Protection Act and Other Considerations (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

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Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Case Law Update: Part II (Sep 2020)

Examine significant administrative law cases issued during the last year.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Matthew Arth, Locke Lord LLP - Austin, TX
Carrie Collier-Brown, Locke Lord LLP - Austin, TX

Back to Basics: Administrative Procedures Act (Sep 2020)

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

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Leah Gillum, Texas Department of Insurance - Austin, TX

Both Sides Now: When Lawyers Go Too Far (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

​Substantial Evidence Standard Review: What is Mere Scintilla Anyway? (Sep 2020)

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

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Kellie E. Billings-Ray, Office of the Attorney General - Austin, TX

Regulatory Takings (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Steve Kosub, Sprouse Shrader Smith PLLC - Austin, TX

Persuasive Advocacy (Sep 2020)

Presenting effective arguments in administrative proceedings.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Benjamin Hallmark, Thompson Knight LLP - Austin, TX

Riding the Magic Unicorn: Practicalities of Filing at SOAH and the Travis County District Court (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

Pre-Litigation: Alternative Means to Resolving Cases before SOAH (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

Rodney Montes, Montes Law Practice - Austin, TX

The Art of Persuasion: Winning at SOAH (Sep 2020)

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.

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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

Ethics, Tips, and Best Practices for Settling Cases with Multiple Clients (Sep 2020)

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?

Originally presented: Sep 2020 Advanced Texas Administrative Law Seminar

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