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

What You Will Learn

What You Will Learn

Part 1: Tuesday, January 23, 2024
1:00 p.m. – 4:45 p.m. (Pacific Time) 

1:00 p.m. – 2:15 p.m.
Fundamentals of California Administrative Adjudication–How to Get Your Unhappy Client a Fair Hearing
Michael Asimow

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

2:15 p.m. – 2:25 p.m.
BREAK

2:25 p.m. – 3:40 p.m.
Administrative Hearings
Steven L. Simas and Matthew Chevedden

• 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
• Collateral consequences of administrative decisions

3:40 p.m. – 3:45 p.m.
BREAK 

3:45 p.m. – 4:45 p.m.
Prehearing Process
Adam Slote

• Investigations and Informal Conferences
• Responding to the Accusation
• Discovery and Third Party Subpoenas
• Motions
• Prehearing Conference and Settlement Conference

Part 2: Thursday, January 25, 2024
1:00 p.m. – 4:45 p.m. (Pacific Time) 

1:00 p.m. – 2:20 p.m.
Conducting Your Hearing
Brad Wishek and Amit Singh

• 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)
• Hearing Briefs
• Admissibility of Evidence

2:20 p.m. – 2:30 p.m.
BREAK

2:30 p.m. – 3:00 p.m.
Mock Hearing Demonstration and Discussion
Brad Wishek, Heather Cline Hoganson and Gary B. Bell

3:00 p.m. – 3:55 p.m.
Post-Hearing Administrative Proceedings
Heather Cline Hoganson and Matthew Chevedden

• Post-Hearing Briefing
• 100 days of holding your breath … decision adoptions/non-adoptions (Rejections)
• Motions for Reconsideration
• Stays, Penalty Relief, Reinstatement

3:55 p.m. – 4:45 p.m.
Exhaustion of Administrative Remedies
Gary B. Bell

• General Requirement to Exhaust
• Exceptions to Exhaustion Requirement
• Appeals Boards
• Writs or Other Judicial Relief
• SPB / EEOC / FEHC / PERB

Bonus Add On Extra Session for Government Attorneys:
4:45 p.m. – 5:15 p.m.
Heather Cline Hoganson:

• How agency attorneys can develop a hearing process

Testimonials

“This was incredibly helpful. The practice pointers and mock hearing were the best part.” – Ashleigh Dennis, Esq.

“Excellent presentation.” – Maria Elena Castillo, Esq.

“Good program and good content.” – Peter H. Flournoy, Esq.

“I liked the mock demonstration and the specific examples that the speakers gave, particularly, Brad and Shannon’s examples from their own practices.”

“I thought it was absolutely fantastic.” – Ethan Turner, Esq.

“Program was excellent.” – Lawrence E. Wayte, Esq.

“I enjoyed the training.” – Deliesha R. Brown, Esq.

“This was a great refresher for me regarding California Administrative Law. I am trying to have a general practice and this program allowed me to learn more about Administrative Law and what I might be getting myself into.”

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

“Excellent. Good presentation” – Steven M. Barry, Esq.

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

“Very well put together. I really liked the speakers.” – Christine Dickson, Esq.

“The course provided a great overview of the administrative law hearing process.  I have no experience with this area and wanted a course to give me the basics about the process.”

“Good overview and refresher on admin hearings.” – Michelle Ellis, Esq.

“Excellent.” – Michael K. Pazdernik, Esq.

“I found this program to be beneficial as an update in my law practice.”

“Fantastic program, very helpful to me as a newer lawyer in the administrative law field.”

“It was very interesting.” – Tabitha Bradford, Esq.

“Great program.”

“I thought it was absolutely fantastic.”

“It was a really informative program, and I really enjoyed the mock evidentiary hearing.”

“Fantastic program, all of the speakers were experienced and gave thoughtful responses to questions.”

“I appreciated the detailed admin law information.”

“It’s a good program.  If you don’t know the area this course would be hugely beneficial.”

“I thought that the program was informative and engaging.”

“I liked the practical aspects presented today on mediation, pre-hearing, hearing, post-hearing, and appeal/writ.”

“I enjoyed the program and feel it was informative and helpful.”

“Informative and thought-provoking.”

“I liked the handout with the slides compiled.”

“Many practice pointers and strong nuts and bolts course! All speakers were excellent.”

“The programs have been extremely informative.”

“Lots of practical information and helpful practice tips.”

“I found the mock hearing very helpful.”

“The speakers were experienced and knowledgeable and presented the information effectively.”

“The course was very informative. Materials were easy to follow.”

“All the presenters know the area very well.”

“The program was informative, and I found the speakers to be very knowledgeable.”

“Fantastic program–it was great getting to hear from all of the different perspectives – defense counsel and agency counsel especially.”

“Good workshop.”

“I really appreciated having a judge’s perspective.”

“They were very knowledgeable and good speakers.”

“Very helpful.”

“I learned a lot of practical skills that I can apply as a defense attorney in administrative law practice.”

“It was a great overview of administrative hearings.”

Faculty

Michael Asimow, Esq.
Dean’s Executive Professor of Law
Santa Clara Law School

Michael Asimow teaches at Santa Clara Law School.  He was previously a long-term visiting professor at Stanford Law School and is a professor of law emeritus at UCLA.   Asimow teaches contracts, administrative law, income tax, and law and popular culture. 

In the area of administrative law, he is a co-author of the California Practice Guide–Administrative Law, published by the Rutter Group.  He also co-authored a law school course book,  State and Federal Administrative Law (5th ed., 2020).  Asimow has written numerous articles on state and federal administrative law as well as comparative administrative law.  He is a consultant to the Administrative Conference of the United States.

Gary B. Bell, Esq.
Shareholder
Colantuono, Highsmith & Whatley, PC

Gary is a Shareholder of the firm and resident in our Sacramento office. He currently serves as City Attorney for the City of Novato, Town Attorney for the Town of Yountville, City Attorney for the City of Auburn, and Assistant City Attorney for the City of Weed, as well as General Counsel for the Local Agency Formation Commission (LAFCO) of Napa County, the Upper Valley Waste Management Agency, the Garden Valley Fire Protection District, the Pine Grove Community Services District, the River Pines Public Utility District, and the First 5 Yuba Commission.

His practice covers all aspects of municipal law and public law, including elections, land use, California Environmental Quality Act (CEQA), public works contracting, contracts, franchise agreements and franchise fees, joint powers agreements and agencies, solid waste and recycling, cannabis regulation and enforcement, municipal finance law, labor and employment law, constitutional law, code enforcement, conflicts of interest, open meetings and records laws, post-redevelopment issues, and matters involving Local Agency Formation Commissions (LAFCOs).

Gary’s current projects for clients include a comprehensive update to a municipal code and policies and procedures manual; negotiating and drafting solid waste franchise agreements; and advice regarding a major development at a municipal airport and several benefit assessments.

Before joining CH&W, Gary served as City Attorney for the City of Firebaugh and advised municipal clients throughout California on a wide range of issues, including counties, cities, school districts, and special districts.

Gary graduated with highest honors from UC Santa Cruz in 2008 with a B.A. in psychology. He received his J.D. in 2012 from the UC Davis School of Law, where he was staff editor of the UC Davis Business Law Journal and a research assistant in constitutional law. While at Davis, Gary worked as a law clerk in the Governor’s Office of Legal Affairs and as a legal extern at the Placer County Superior Court.

Before law school, Gary served as a Senate Fellow for the California State Senate in Sacramento, where he staffed the Senate Local Government Committee and worked on legislation of interest to California’s local governments.

Matthew Chevedden, Esq.
Partner
Langenkamp, Curtis, Price, Lindstrom & Chevedden, LLP

 Practice: Matthew Chevedden is a California Teachers Association Group Legal Services Attorney and practices labor and employment law on behalf of unions and employees.

Education: Matthew is a 2012 graduate of The Catholic University of America, Columbus School of Law. In the summer of his first year, he worked as a Judicial Extern for the Honorable Judge William MacLaughlin in the Los Angeles Superior Court, gaining both familiarity with the courtroom and furthering his research skills. Matthew later represented clients as a student attorney in his school’s Consumer Protection Project, handling fraud, bankruptcy, child support, and debt collection cases. Additionally, Matthew was a staff member and later Articles Editor of the law school’s Journal of Law, Philosophy, and Culture.

Prior Experience:  After graduation, Matthew worked for the California State Treasurer’s Office, analyzing the practical and legal implications of the California Secure Choice Retirement Savings Trust Act.  Matthew then moved on to become General Counsel of Mosswood Distillers, Inc., a whiskey rectifier in San Francisco, where he drafted and analyzed contracts and advised the company on state and federal regulations.

Heather Cline Hoganson, Esq.
Attorney IV
California Department of Health Care Access and Information

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. 

Amit Singh, Esq.

Rothschild Wishek + Sands LLP

Amit Singh joined the firm in 2016. Mr. Singh represents individuals accused of crimes in California trial courts and professionals in disciplinary licensing investigations and proceedings.

Prior to earning his J.D. from McGeorge School of Law in 2016, Mr. Singh obtained his Bachelor of Arts degree in political science from the University of California, Santa Barbara in 2012. Mr. Singh graduated McGeorge with great distinction and as a member of both the Traynor Honor’s Society and Dean’s Honor List. While at McGeorge, Mr. Singh became a published writer and editor for the University of Pacific Law Review. He also competed in the 2015 American Bar Association Negotiation Competition in San Diego and served as a semester-long judicial extern for the Honorable Morrison C. England Jr., Chief Judge for the Eastern District of California. Mr. Singh’s academic achievements include earning three Witkin Awards for academic excellence in administrative law, business associations, and remedies. Before joining the firm, Mr. Singh also served as a certified legal intern at the Sacramento County Office of the Public Defender.

Adam G. Slote, Esq.
Partner
Slote, Links & Boreman, PC

Adam G. Slote practices in the areas of administrative law (professional licensing), litigation and business law. He has been in practice since 1988. Adam opened his own practice in 1992 with the goal of utilizing technology to provide high-quality legal services efficiently and cost-effectively. 

California Administrative Law: Adam has defended professionals and businesses in administrative law (license law) cases since 1991. His licensing practice is state wide. He has extensive experience in hearings before the California Office of Administrative Hearings (OAH) as well as experience filing Appeals/Writs of Administrative Mandamus (Mandate) to the Superior Court of California and to the Court of Appeal.

Business Law and Litigation: Adam serves as counsel to Internet and technology start-ups, small manufacturers, consultants, traditional retailers, and licensed businesses and professionals in regulated industries. He handles general corporate law matters, contracts, leases and litigation. Adam has significant jury trial experience.

In 1998, Adam co-founded and served as General Counsel for ifan, Inc., a provider of affinity e-mail selected by the San Francisco Giants, San Jose Sharks, Anaheim Angels and Mighty Ducks, Chicago Cubs and New York Mets. ifan was acquired by Mail.com (formerly Nasdaq: MAIL, later Nasdaq: EASY) in December 1999.

Also in the 1990’s, Adam co-founded iLawyer® which worked with the American Bar Association to develop a national network of bar association lawyer referral services on the Internet. iLawyer was taken over by the Bar Association of the City of New York.

Adam is a member of the State Bar of California and the California Academy of Attorneys for Healthcare Professionals (CAAHCP).

Prior to forming his own practice in 1992, Adam was an associate with the San Francisco law firm of Dobbs, Berger, Molinari, Vannelli, Nadel & Links and a trial attorney with the Los Angeles County Public Defender’s Office.

M. Bradley Wishek, Esq.
Partner
Rothschild Wishek + Sands LLP

Mr. Wishek’s practice emphasizes defending people and businesses accused of crimes 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 violations defense, professional licensing defense, and defense in physician peer-review proceedings.

Mr. Wishek has experience in defending almost every kind of criminal allegation, including drunk driving and vehicular manslaughter, assault, firearms offenses, rape, embezzlement, insurance fraud, kidnapping, and environmental crimes. He has also defended clients against healthcare, consumer, and tax fraud, as well as other regulatory crimes. Mr. Wishek has represented individuals and businesses in a broad spectrum of regulatory and professional licensing matters, from healthcare professionals and attorneys to licensed contractors, and from an engineering firm to a nonprofit 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. He is also a frequent presenter at seminars and continuing education programs for attorneys in the area of criminal defense, trial practice, professional licensing defense, and administrative proceedings.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – DVD or Download:  $429

Audio Only* Recording & Materials Package – CD or Download:  $429

Order both the Video* and Audio Only* Packages for only $50 more – DVD or Download:  $479

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program will be recorded live on January 23 & 25, 2024.

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

CLE Credit

CA General: This program is approved for 7.0 units of general CLE in California.

CA Certified Legal Specialist Credit in Appellate Law – Participatory CLE: Approved for 7.0 Participatory units through January 22, 2026.

CA Certified Legal Specialist Credit in Appellate Law – Self-Study CLE: Approved for 7.0 Self-Study units through January 22, 2029.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 7.0 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

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.