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Answer Bar: Litigating the Administrative Law Case

Contains material from Sep 2020 to Oct 2021

Answer Bar: Litigating the Administrative Law Case
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Session 1: 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.

Session 2: 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.

Session 3: 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.

Session 4: Practical Tips for Remote Depositions - An advanced tutorial on remote depositions discussing, among other things, witness preparation, lighting, and curating your space.

Session 5: 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. 

Session 6: 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?

Session 7: 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.

Session 8: 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.

Session 9: Judicial Panel -  Engage in an unscripted round-robin discussion, with time for questions from the audience. 

Includes: Video Audio Paper Slides No Materials


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1. Navigating Your Licensing Case Pre-SOAH (Sep 2020)

Franklin Hopkins, Barbara Jordan

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(mp4)
42 mins
(mp3)
42 mins
(pdf)
15 pgs
Session 1 —42 mins
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

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

Rodney Montes

0.50 0.00 0.00
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(mp4)
31 mins
(mp3)
31 mins
(pdf)
14 pgs
(pdf)
17 pgs
Session 2 —31 mins
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

Show session details

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

Lesley Martin Ondrechen, Velva L. Price

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
29 mins
Paper
(pdf)
2 pgs
Paper
(pdf)
4 pgs
Session 3 —30 mins
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

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4. Practical Tips for Remote Depositions (Oct 2021)

Johnathan Stone

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
21 pgs
Session 4 —30 mins
Practical Tips for Remote Depositions (Oct 2021)

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

Originally presented: Sep 2021 Advanced Texas Administrative Law Seminar

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

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5. Effective Cross-Examination at SOAH: I Fought the Law... And the Law Won (Oct 2021)

Susan Dillon Ayers

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
30 mins
(pdf)
11 pgs
Session 5 —30 mins
Effective Cross-Examination at SOAH: I Fought the Law... And the Law Won (Oct 2021)

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. 

Originally presented: Sep 2021 Advanced Texas Administrative Law Seminar

Susan Dillon Ayers, Jackson Walker LLP - Austin, TX

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6. Use and Abuse of Public Security Declaratory Judgment Actions (Oct 2021)

José de la Fuente, Michael Vance Powell

1.00 0.00 0.00
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(mp4)
58 mins
(mp3)
58 mins
(pdf)
22 pgs
(pdf)
14 pgs
Slides
(pdf)
2 pgs
(pdf)
8 pgs
Session 6 —58 mins
Use and Abuse of Public Security Declaratory Judgment Actions (Oct 2021)

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?

Originally presented: Sep 2021 Advanced Texas Administrative Law Seminar

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

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

Craig Bennett, Jason Ray

0.75 0.00 0.00
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(mp4)
43 mins
(mp3)
43 mins
(pdf)
16 pgs
Session 7 —43 mins
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

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8. Exhaustion of Administrative Remedies (Oct 2021)

Hon. Steve Elliot, Hon. Ian Seth Spechler

0.75 0.00 0.00
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(mp4)
44 mins
(mp3)
44 mins
(pdf)
7 pgs
(pdf)
13 pgs
Session 8 —44 mins
Exhaustion of Administrative Remedies (Oct 2021)

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.

Originally presented: Sep 2021 Advanced Texas Administrative Law Seminar

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

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9. Judicial Panel (Oct 2021)

Hon. Holly Vandrovec, Hon. Darlene Byrne, Hon. Rebeca Huddle, Hon. Catherine A. Mauzy

1.00 0.00 0.00
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(mp4)
60 mins
(mp3)
59 mins
No Materials
(pdf)
1 pgs
Session 9 —60 mins
Judicial Panel (Oct 2021)

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 2021 Advanced Texas Administrative Law Seminar

Hon. Holly Vandrovec, State Office of Administrative Hearings - Austin, TX
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