Administrative Law Hearings: A Beginner’s Guide (CA)

Audio program! (check our CLE Programs page for live versions)

Administrative Law Hearings are a complex and sometimes daunting process. There are a variety of specialties and practices related to Administrative Hearings.

We have gathered together a stellar faculty for you, including a sitting and recently retired ALJ and some of the best Administrative Law attorneys in the state to walk you through the process and give you advice and strategies for handling your Administrative Hearings.

The program wills start with an overview of Administrative Law and the most common areas that fall under administrative law proceedings.

Next, we’ll get into a brief overview of the differences between Admin Law and Civil and Criminal law.

After that we will provide an overview of administrative hearings and how matters get before admin law judges. Faculty will then get into discovery and how to handle expert opinions, including depositions, subpoenas and enforcement of discovery requests. We’ll cover things like hearsay, using reports, rehabilitation and mitigation and the collateral consequences of administrative decisions.

After that you’ll hear about the pre-hearing process (Prehearing Conference, Settlement Conference, Motions, Pre-Trial Briefs).

Once all of this groundwork is laid, faculty will talk about how you conduct your client’s hearing, including witness credibility, mitigation strategies, making the record for appeal, and oral v. written closing.

Importantly, you will get an inside look at what judges find persuasive – straight from a sitting and recently retired ALJ.

Lastly, you’ll discovery how to exhaust your administrative remedies, appeals and writs.

You will walk away with resource suggestions provided by each faculty member as well.

If you attend the program, you are going to get a thorough understanding of the Administrative Hearings process and your responsibilities and the tasks involved from start to finish, and you will come away with concrete strategies and suggestions from your faculty.

This program will be recorded live on December 6, 2018. The audio package (available in CD and Download formats), with seminar materials, will be available two to three weeks after the program. Be sure to pre-order it using the button to the right!

 

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What You Will Learn

This agenda is in the planning stages. Check back soon for a finalized agenda.

Administrative Law: An overview of where issues arise

  • Labor
  • Local City & County
  • General State Licensing
  • Teachers
  • Special Education / Developmental Services

Fundamentals of California Administrative Adjudication–How to Get Your Unhappy Client a Fair Hearing

  • The APA–two tiers of administrative adjudication
  • The Administrative Adjudication Bill of Rights
  • Procedural due process
  • Right to a “fair trial” in administrative mandamus

Administrative Hearings

  • An Overview of Administrative Hearings and how matters become hearings
    •  Bifurcation
    • Delays
  • Depositions, or lack thereof
  • Discovery and Expert Opinion
  • Hearsay and the use of reports
    • Lake v Reed   
  • Collateral Consequences of Administrative Decisions

Prehearing Process

  • Subpoenas, Third Part Subpoenas, Enforcement
  • Prehearing Conference
  • Settlement Conference
  • Motions
  • Pre-Trial Briefs

Conducting your Hearing

  • Credibility of witnesses (including experts)
  • How an ALJ views your Mitigation Strategies
  • Presenting Rehabilitation and Mitigation
  • Making your record for an Appeal
  • Oral versus Written Closings
  • An ALJ (Your Jury of One)

Post-Hearing Administrative Proceedings

  • Motions for Reconsideration
  • 100 days of Holding One’s Breath…Decision Adoptions/Non Adoptions (Rejections)
  • Petitions for Penalty Relief, Reinstatement

Exhaustion of Administrative Remedies

  • Appeals Boards [Cannabis, ABC]
  • Writs or other Judicial Relief
  • SPB / EEOC / FEHC / PERB

Testimonials

The following testimonials are from our prior Administrative Hearings programs held in Sacramento and Los Angeles:

“This is exactly what I was looking for!” – Jehan Jayakumar, Esq.

“Terrific speakers and content.” – Michael McGuire, Esq.

“Good presentation with valuable information!”

“Great! Focused on general strategy & procedure.”

“ALJ’s perspective very helpful no matter what area of law we practice.”

“Well done!”

“Provided a lot of substance with no war stories or irrelevant info.”

“Very helpful. ‘Bullet point’ approach conveyed a lot of helpful information.”

“Very good outline, helpful info.”

“Good materials.”

The following testimonials are from our Administrative Writs program held in 2017 with most of the same instructors:

“Very well done. Presenters were highly qualified and effective. Loved the practical experience shared with group as well as the law.” – Richard Hansberger, Esq.

“Came to see the Oracle again! Professor Asimow is always relevant to my State work!” – Tim Morgan, Esq.

“My sincere thanks to Pincus Professional Education for the generosity to inner city law center. This training will help us serve our vulnerable clients.” – David Aigboboh, Esq.

“Great course! Covered the basics very clearly and provided helpful practice tips. I represent a lot of clients in writs of administrative mandamus, and I wanted to learn new and helpful insights.”- Mark Allen, Esq.

“The program offered both a thousand-foot overview, as well as specific and thought-provoking anecdotes by practicing professionals. Very enlightening.” – Jenna Eyrich, Esq.

“As a new attorney, this program has me looking forward to future CLE opportunities.”

“The speakers provided good practical examples… and were very knowledgeable and competent in their fields.”

“The content was relevant, useful and practical.”

“Good moderator! Great at adding humor to the topic.”

“Engaging and informative slides.”

“Great job – good use of examples & involving the panel. Very engaging.”

“Wonderful speakers. Knowledgeable, clear, practical, and had an excellent pace.”

“Thank you for offering scholarships for public interest attorneys. We greatly value access to these trainings to improve and grow the practice of our staff attorneys.”

 

Faculty

Hon. Christine Bologna
Administrative Law Judge
California Public Employment Relations Board

Christine A. Bologna has been an Administrative Law Judge (ALJ) since 1990 with two State of California agencies: 

* Public Employment Relations Boar (PERB): 1990 – 1993 and 2005 – present (ALJ & Acting Chief ALJ), and,

* State Personnel Board (SPB): 1993 – 2005 (Chief ALJ & ALJ).

Judge Bologna was previously a contract Hearing Officer with the Sacramento County Civil Service Commission for 5 years. She has 40-plus years in the practice of labor and employment law, mainly in the public sector, including:

* PERB: General Counsel 1988-1990;

* State of Human Resources (Cal-HR): Chief Counsel, Assistant Chief Counsel & Labor Relations Counsel 1982-1988;

* California State Employees Association (CSEA)/now Service Employees International Union Local 1000 (SEIU L. 1000): Staff Attorney & Legal Counsel 1978-1982;

From 1976-1978, Judge Bologna practiced with Brundage, Williams & Zellman as a Law Clerk and than an attorney. 

Judge Bologna is a graduate of Michigan State University (B.A. 1971) and University of San Diego School of Law (J.D. 1977).

She served on the Executive Committees of the Labor and Employment and Administrative Law sections of the Sacramento County Bar Association for 6 years.

Judge Bologna taught courses for 10 years, conducted training, and made numerous presentations on administrative hearing practice/procedures and labor and employment law topics to public and private sector union and employer attorneys, advocates, practitioners, supervisors, managers, and neutrals in various forms.


Hon. Stephen J. Smith (Ret.)
Retired Presiding ALJ, Sacramento
Mediation, Arbitration and limited civil and criminal matters

Judge Stephen J. Smith served as an ALJ for more than 25 years.

Having retired from the bench, Judge Smith is now in private practice.  Since 2016, he has specialized in Mediation, Arbitration, and limited criminal and civil matters, criminal post judgment relief, estate planning and probate litigation. 

When an ALJ, Judge Smith held the positions of Administrative Law Judge II, Senior Specialist (1989-1993, 2001 to July 2016), Presiding Administrative Law Judge, Sacramento General Jurisdiction (1993-2001), and Administrative Law Judge (1988-1989). As an ALJ, Judge Smith heard and decided formal, long cause, high complexity administrative cases brought by regulatory Boards and Agencies, including almost all professional licensing and consumer protection agencies, cities, counties and local agencies under contract for administrative adjudication services, and by California school districts in actions involving dismissal, disciplinary or lay-off actions against certificated and classified employees.

Prior to joining becoming an ALJ, Judge Smith served as a Sacramento County Deputy District Attorney. He received his JD from the University of California School of Law.


Michael Asimow
Visiting Professor of Law
Stanford Law School

Michael Asimow is Visiting Professor, Stanford Law School, and Professor of Law Emeritus, UCLA Law School.  He teaches administrative law, income tax, contracts, and law and popular culture.  His blog on California Administrative Law is michaelasimow.com/blog. 

Asimow is co-author of California Practice Guide: Administrative Law (Rutter Group, 2016) and State and Federal Administrative Law (4d ed. 2014). He is a consultant for the Administrative Conference of the United States on federal agency adjudication and a former chair of the ABA’s Section on Administrative Law & Regulatory Practice.  He was the consultant for the California Law Revision Commission in its project to update California administrative law; this work resulted in the 1995 revisions to the adjudication portion of the California Administrative Procedure Act.

Asimow’s articles on administrative law include Hired Guns and Ministers of Justice: The Role of Government Attorneys in the US and Israel (Israel Law Review, with Dotan, 2016);  Open and Closed Judicial Review of Agency Action: The Conflicting US and Israeli Approaches (American Journal of Comparative Law, with Dotan, 2016); Five Models of Administrative Adjudication (American Journal of Comparative Law, 2015); The Spreading Umbrella: Extending the APA’s Adjudication Provisions to All Hearings Required by Statute (Admin. L. Rev. 2004);  The Scope of Judicial Review of Decisions of California Administrative Agencies (UCLA Law Review 1995);Toward a New California Administrative Procedure act: Adjudication Fundamentals (UCLA Law Review, 1992); California Underground Regulations (Admin. L. Rev. 1992).

Asimow also works in the area of Law and Popular Culture.  He is co-author of Law and Popular Culture—A Course Book (2d ed. 2013); Law and Poplar Culture—International Perspectives (2014); Lawyers in Your Living Room! Law on Television (2009); and Reel Justice: The Courtroom Goes to the Movies (2d ed. 2006). 


Lesley Beth Curtis, Esq.
Partner
Langenkamp, Curtis & Price, LLP

Lesley Beth Curtis practices labor and employment law on behalf of unions and employees, and specializes in plaintiff-side labor, employment and education law. She has represented employees in a wide range of employment issues, including in discipline, dismissal, and layoff actions, as well as in appeals of denial of disability benefits and other benefits before private arbitrators, the California State Office of Administrative Hearings, various public boards, the Superior Courts of numerous counties, and the Third District Court of Appeal. She has multiple published Court of Appeal decisions, and has worked to expand the rights of teachers and employees through advocacy. She has also represented private employees in gender discrimination and pregnancy discrimination suits. Ms. Curtis is a California Teachers Association Group Legal Services Attorney, and has defended teachers in layoff, tenure and discipline matters and has enforced the Education Code rights of faculty, teachers and classified aides in a variety of settings.

Education: Ms. Curtis obtained her undergraduate degree from Claremont McKenna College in 1993, where she graduated Phi Beta Kappa, and was awarded the Berger Award for Outstanding Senior Woman and the William H. Alanshah award for Student Leadership.

Ms. Curtis is a 1996 graduate of the King Hall School of Law, University of California at Davis where she was on the Moot Court Team and Moot Court Board. She was selected by the law school as a National Member of the Order of the Barristers for excellence in oral advocacy. Immediately after graduating, Ms. Curtis served as a judicial clerk for the Honorable Elaine Watters of the Sonoma County Superior Court in a multiple defendant capital trial.

Ms. Curtis was admitted to practice in California in December 1996, and is admitted to practice law in the State of California and before the California Federal District Court of the Eastern District of California.


Heather Hoganson, Esq.
Of Counsel
Simas & Associates, Ltd.

Heather F. C. Hoganson is one of the leading Administrative Law attorneys in the State of California. She is graduated from the University of California, Davis, with a Bachelor of Arts in History, and from the University of the Pacific – McGeorge School of Law with her Juris Doctorate and with a Government Affairs Certificate. 

Ms. Hoganson served for eight years as a statewide research attorney to the administrative law judges of the Office of Administrative Hearings, working on such diverse subjects as developmental disabilities, special education, bid protests, and professional licensing. She then served as counsel to the California Gambling Control Commission, reviewing transactional and license applications as well as drafting regulations for both tribal casinos and California cardrooms. Switching vices, she then prosecuted cases for the Department of Alcoholic Beverage Control, settling hundreds of cases without trial, and litigating scores of cases to decision. She also served as the Tribal Liaison for the Department.

Ms. Hoganson has provided advice to government agencies on Public Records, Open Meetings, Emergency Planning, and Information Security. She has lectured on Administrative Hearings, Regulations, Procurement / Bid Protests, Disciplinary Guidelines for Cardrooms, among other topics. She is the Bylined Author of over twenty articles for Sacramento Lawyer.

She was honored with the 2007 SCBA President’s Award for her work as Co-Editor of Sacramento Lawyer Magazine.

Ms. Hoganson is an active member of the Sacramento Bar Association, taking on almost every single leadership role that has been imagined by the organization, including but not limited to President (2016), Chair of Membership Committee (2016-2017), Chair of Bylaws Committee (2016-2017). And she has served as Chair, Administrative Law section for 2002-2003, 2013-2014.

She has also been the Recording Secretary for the St. Thomas More Society of Sacramento, and received a Certificate of Appreciation for her longstanding contributions.

Her practice areas include Healthcare Law, Administrative Law, Government Law, Professional Licensing Law, Public Contracts Law, Gambling Law, and Alcoholic Beverage Control Law.


Steven L. Simas, Esq.
Founding Member
Simas & Associates Ltd.

Mr. Simas is the founding member of the firm and graduated from California Polytechnic State University, San Luis Obispo, with a Bachelor of Science degree in Business Administration and King Hall, University of California, Davis School of Law with his Juris Doctorate. He served as a Deputy Attorney General (DAG) in the employment law section of the Office of the Attorney General in Sacramento and as the Chief Consultant to the Assembly Committee on Labor and Employment in the California Legislature.

In 1997, he received a gubernatorial appointment as counsel to the Public Employment Relations Board where he served for two years. Mr. Simas has also served as a Temporary Judge for the Sacramento Superior Court, Small Claims and Traffic Divisions since 1998, and was the Chair of the Sacramento County Bar Association, Administrative Law Section in 2005 and 2006. He is also a member of the San Luis Obispo County Bar Association, Vice President for the Sacramento Region of the California Academy of Attorneys for Health Care Professionals, and a member of the Claims and Litigation Management Alliance, and the American Veterinary Medical Legal Association.

Mr. Simas is admitted to practice before the United States District Court, Eastern and Central Districts of California, the Ninth Circuit Court of Appeals, and the United States Supreme Court. He has three published appellate opinions in the California Supreme Court and courts of appeal. 


Bradley Wishek, Esq.
Partner
Rothschild Wishek & Sands LLP

Mr. Wishek’s practice emphasizes the defense of persons and businesses accused of crime or facing regulatory or professional discipline, including aggressive representation through independent investigation during government and law enforcement investigations. His practice includes criminal and white collar defense on behalf of corporations and businesses, individuals, public officials, and licensed professionals, including regulatory and professional licensing defense.

He has experience in defending almost every kind of criminal allegation, including drunk driving and vehicular manslaughter, assault, firearms offenses, rape, embezzlement, insurance fraud, kidnapping, environmental crimes, health care, consumer and tax fraud, and other regulatory crimes. He has represented individuals and businesses in a broad spectrum of regulatory and professional licensing matters, from medical professionals and attorneys to licensed contractors, from an engineering firm to a non-profit drug and alcohol treatment program.

Mr. Wishek is listed in the peer-reviewed publications Best Lawyers in America and Northern California Super Lawyers, and he has received an AV rating from Martindale-Hubbell, the highest rating available from this peer-reviewed publication. He has successfully litigated numerous precedent-setting cases for the benefit of his clients in the Court of Appeal and California Supreme Court.

Mr. Wishek is an adjunct professor of law in the trial practice program at the University of California at Davis School of Law, and frequently serves as a presenter on a variety of legal topics in the areas of criminal defense and trial practice. Mr. Wishek serves on the Board of Directors for Clean & Sober, Inc., which provides housing and support services for homeless persons in recovery.


Fees

Purchase by October 12th to receive the Early Bird rate!

Audio Recording & Materials Package – CD or Download: $425

Early Bird Pricing $399

For CDs please add $7.50 shipping and, in CA, sales tax.

(Audio packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

CA General:  This program is approved for 6.5 units of general CLE in California.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$425.00 each

December 6, 2018 | Sacramento, CA

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