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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XIII. Administrative Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Administrative law is the practice of law dealing with the regulatory, licensing, enforcement, and adjudicative powers of local, state and federal governmental agencies. Applicant must demonstrate substantial involvement and special competence in the practice of Texas and federal administrative law, including, without limitation, representing clients before administrative agencies, practicing law within those agencies, and handling judicial proceedings involving those agencies.

B. Applicant must show substantial involvement and special competence in Texas and federal administrative law practice by providing such information as may be required by TBLS.

1.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 30% of his or her time practicing Texas and federal administrative law during each year of the 3 years immediately preceding application as defined in Section XIII, A of the Specific Area Requirements for Administrative Law.

b. Task Requirements. Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in Texas and federal administrative law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.

(1) Contested Case Experience. Applicant must show primary responsibility as a party representative, agency representative or presiding official (e.g. an administrative law judge or hearing officer) in one of the following 4 categories during his or her entire practice:

(a) Contested Cases Resolved. A total of 10 contested case hearings before Texas or federal administrative agencies of which at least:

(i) 5 cases must have been resolved after hearings on the merits were held and involved final orders issued by the agencies, and

(ii) 5 cases may have been resolved by applicant's involvement in formal alternative dispute resolution (ADR) proceedings (i.e. mediations or arbitrations), or in case preparation and presentation to an internal agency forum after active case development (such as, oral and written discovery, pre-hearing motion practice, investigation, witness preparation, and settlement conferences or negotiations).

(b) Time in Hearing. A minimum of 60 days in contested case hearings before Texas or federal administrative agencies, of which 15 days may be in ADR proceedings (i. e. mediations or arbitrations), or equivalent formal agency settlement procedures, involving contested cases before administrative agencies.

(c) Judicial Review. Ten (10) proceedings involving the judicial review of agency orders under the Texas Administrative Procedure Act or the Federal Administrative Procedure Act.

(d) Combination of Cases. A combination of contested case hearings and judicial review proceedings totaling 10 matters.

(2) General Administrative Law Experience. In addition to the cases required in Section XIII, B, 1, b, (1) above, applicant must meet 3 of the following categories during his or her entire practice:

(a) Major Rulemaking Proceedings. Substantial involvement in a major rule-making proceeding before a Texas or federal agency such as petitioning for or drafting rules.

(b) Original Judicial Proceeding. Primary responsibility for a party in 3 original judicial actions in Texas or federal court involving agency activities, for example, suits challenging agency rules or the prosecution or defense of suits for injunction, declaratory judgment, mandamus, or enforcement.

(c) Uncontested Proceedings. Primary responsibility as a hearings examiner, agency counsel, private practitioner, or presiding official (e.g. an administrative law judge or hearing officer) in 12 uncontested proceedings.

(d) Client Counseling. Primary responsibility for client counseling as agency counsel (either with an agency or in the attorney general's office) or as a private practitioner in 5 substantial matters dealing with, for example, the necessity of obtaining permits, the interpretation of agency requirements or statutory authority, compliance with Open Meetings or Open Records Acts; or

(e) Primary responsibility as a party representative, agency representative, or presiding official (e.g. an administrative law judge or hearing office) in:

i. an additional 5 contested case hearings before Texas or federal administrative agencies;

ii. an additional 5 proceedings involving the judicial review of agency orders under the Texas Administrative Procedure Act or the Federal Administrative Procedure Act; or

iii. a combination of contested case hearings and judicial review proceedings totaling 5 matters.

2. Applicant must have devoted a minimum of 30% of his or her time practicing Texas or federal administrative law during each year of the 5 year period of certification as defined in Section XIII, A of the Specific Area Requirements for Administrative Law except as provided for in Part I-General Requirements, Section VI, C,1(b).

C. Applicant must submit a minimum of 5 names and addresses of persons to be contacted as references to attest to his or her competence in administrative law. These persons must be substantially involved in administrative law, and be familiar with applicant's administrative law practice.

1. Applicant must submit names of persons with whom he or she has had dealings involving administrative law matters within the 3 years immediately preceding application.

2. Applicant must submit names of persons with whom he or she has had dealings involving administrative law matters since certification or the most recent recertification.

3. Applicant must submit the following types of references:

a. Three Texas attorneys who are substantially involved in administrative law. Applicant shall have tried an administrative law matter with or against one of these attorneys.

b. Two of the following (present or former) before whom applicant has appeared as an advocate in an administrative law matter:

(1) A judge of any court of record in Texas, Texas Courts of Appeal, or the Texas Supreme Court.

(2) A hearing officer or hearing examiner of an administrative agency with jurisdiction in Texas.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XIII. Administrative Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-xiii/

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