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Answer Bar: Litigating the Administrative Law Case

Contains material from Sep 2020

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: Both Sides Now: When Lawyers Go Too Far - 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.

Session 5: Substantial Evidence Standard Review: What is Mere Scintilla Anyway? - Examine what the substantial evidence standard of review means, including a discussion of past and present case law.

Session 6: Regulatory Takings - 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.

Session 7: Persuasive Advocacy - Presenting effective arguments in administrative proceedings.

Session 8: 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 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

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

Cynthia Canfield Hamilton, Jennifer S. Riggs

1.00 1.00 0.00
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(mp4)
59 mins
(mp3)
59 mins
(pdf)
14 pgs
Slides
(pdf)
4 pgs
Session 4 —59 mins
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

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

Kellie E. Billings-Ray

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(mp4)
45 mins
(mp3)
44 mins
(pdf)
14 pgs
(pdf)
9 pgs
Session 5 —45 mins
​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

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6. Regulatory Takings (Sep 2020)

Steve Kosub

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(mp4)
27 mins
(mp3)
27 mins
(pdf)
25 pgs
Session 6 —27 mins
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

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7. Persuasive Advocacy (Sep 2020)

Benjamin Hallmark

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
10 pgs
Session 7 —31 mins
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

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

Craig Bennett, Jason Ray

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(mp4)
43 mins
(mp3)
43 mins
(pdf)
16 pgs
Session 8 —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

Show session details

9. Judicial Panel (Sep 2020)

Hon. David D. DuBose, Hon. J. Brett Busby, Hon. Maya Guerra Gamble, Hon. Jeff Rose

1.00 0.00 0.00
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(mp4)
61 mins
(mp3)
60 mins
No Materials
(pdf)
1 pgs
Session 9 —61 mins
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