Tuesday, August 16, 2016
8:30 AM - 3:45 PM CDT
UNL College of Law
1875 N 42nd St
Lincoln, Nebraska 68503
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*Nebraska MCLE #126752. Iowa MCLE #236092. 6 CLE hours. (Regular/Live credit)
*Nebraska MCLE #126750. Iowa MCLE #236093. 6 CLE hours. (Distance learning credit)
*Only 5 distance learning CLE hours may be claimed per year for Nebraska.*
**Webinars are conducted via the GoToMeeting platform. Click here for system requirements.
Presented by The NSBA Government Practice & Administrative Law Section
$270 - NSBA dues-paying member (25% discounted price for NSBA dues-paying members)
$360 - Regular registration
$10 - Law student
$45 - Attending Seminar Want Printed Materials (added to registration fee)
$95 - Printed Materials Only (I won't be attending the seminar)
|8:25 am Introduction and Overview of Agenda
Frank J. Daley, Jr., Planning Chair, Nebraska Accountability & Disclosure Commission, Lincoln
8:30 am Rules and Regulations: Adoption, Amendment, Appeal
Lauren Kintner, Governor’s Policy Research Office, Lincoln
This session will describe in detail the steps which must be taken by state agencies in order to enact rules and regulations which have the effect of law. It will describe the role
of the Governor’s Policy Research Office, the role of the Attorney General and the role of the Secretary of State in this process.
9:30 am History and Theory of Administrative Law
Prof. Patrick Borchers, Creighton University School of Law, Omaha
This session will address the history of administrative agencies in the United States and the early constitutional issues surrounding such agencies. This session will help the practitioner understand the function of the administrative law process and the reasons for the differences in the administrative law system and the regular legal system.
10:30 am Break
10:45 am Contested Cases: An Agency Perspective
Stacey L. Parr and Michael J. Walsh, Nebraska Department of Revenue, Lincoln
From a government agency practitioner’s viewpoint, this session will focus on the process of bringing a contested case under the Administrative Procedures Act. This will include a discussion of who makes the decision to bring a contested case, how to prepare for the case, and special considerations unique to administrative law cases.
|11:45 am Lunch (included with live registration)
12:30 pm Contested Cases: Private Practice Perspective
Jim Titus, Morris & Titus Law Firm, P.C., LLO, Lincoln
From a private practitioner’s viewpoint, this session will focus on the process of handling a contested case for a private client under the Administrative Procedures Act. This will include a discussion of how to prepare for the case and special considerations unique to administrative law cases.
1:30 pm Contested Cases: Hearing Officer’s Perspective
LeRoy Sievers, Nebraska Department of Natural Resources, Lincoln
This session will view contested cases under the Administrative Procedures Act from the standpoint of the hearing officer. This includes common pitfalls the hearing officer observes from agency counsel and private counsel. It also includes the obligation to ensure due process for the subject of the contested case.
2:30 pm Break
2:45 pm Administrative Appeals
Milissa Johnson-Wiles, Nebraska Attorney General’s Office, Lincoln
The presenter will discuss the process of appealing administrative decisions under the Administrative Procedure Act to the District Court, the Court of Appeals and the Nebraska Supreme Court. Issues to be addressed include the standard of review in each court, procedures for appeal, and jurisdictional issues.
3:45 pm Adjourn