Program Chair:
Christa Westerberg
Pines Bach LLP
Madison
Presenters:
Eduardo E. Castro
Pines Bach LLP
Madison
Evan Feinauer
Clean Wisconsin
Madison
Peter G. Davis
Wisconsin Employment Relations Commission
Madison
Michael J. Kowalkowski
Wisconsin Department of Natural Resources
Madison
Mark R. Thompson
Wisconsin Department of Health Services
Madison
Matthew W. O'Neill
Fox, O'Neill & Shannon, S.C.
Milwaukee
Timothy C. Samuelson
Office of Lawyer Regulation
Madison
Jeffrey J. Shampo
Labor & Industry Review Commission
Madison
Francis X. Sullivan
Office of Lawyer Regulation
Madison
8:00 a.m. Case Updates on Administrative Law and Petitions for Judicial Review
- Updates on recent cases affecting petitions for judicial review, including decisions on which agency decisions a party may challenge, standing requirements for parties seeking judicial review, and when a party may expand the administrative record in circuit court
- Discuss recent cases concerning the intersection of administrative law and constitutional law
Evan Feinauer
8:40 a.m. Contested Case Hearing Basics
- Procedural and substantive requirements for initiating a contested case hearing under Wis. Stat. Ch. 227 and various laws administered by the DNR
- Mechanics of participating as a party in a contested case from pre-hearing to post-decision, with particular focus on cases concerning the DNR
Michael J. Kowalkowski
9:10 a.m. Administrative Rules for Beginners
- What is an administrative rule, and why do they matter?
- When may an agency promulgate administrative rules?
- How does an agency promulgate rules, and who else is involved in that process?
Mark R. Thompson
9:55 a.m. Break
10:10 a.m. Practice Before Labor and Industry Review Commission (LIRC)
- LIRC's jurisdiction: appeals from administrative law judge's decisions in unemployment insurance, worker's compensation, and equal rights
- Procedure before LIRC
- Procedure within LIRC
- Appeals from LIRC decisions
Peter G. Davis, Jeffrey J. Shampo
11:00 a.m. Everyone's Favorite Defendant: Wisconsin Election Commission and the Role of Administration Law in Elections in Wisconsin
- The WEC: Structure, Role and Complaint Procedures
- Interplay of the WEC and Municipalities in Election Administration in Wisconsin
- Recent and Possible Future Developments of Election/Administrative Law
Eduardo E. Castro, Matthew W. O'Neill
11:45 a.m. Ethical Considerations in Client Communications
- SCR 20:1.4 and other rules of professional conduct that apply to client communications
- Best practices in client communications
- Recent disciplinary decisions related to communications
Francis X. Sullivan, Timothy C. Samuelson
12:35 p.m. Program Concludes
- Get up to speed on recent case law and petitions for judicial review
- Understand the basics of contested case hearings
- Learn when and how an agency can promulgate administrative rules
- Gain insider perspectives on practicing before particular agencies
- Explore ethical issues in representing individuals and entities within local government
- Municipal lawyers
- Administrative lawyers
- Government lawyers
Administrative and Local Government Law Section members save $20 on tuition!* Log in to view discounted rate.
*The $20 discount applies only to the in-person, live webcast, and webcast replay versions of this seminar – not to CLE OnDemand. Administrative and Local Government Law (ALG) Section members with Ultimate Passes, other CLE passes, or PINNACLE discounts are not eligible for this discount. The ALG Section may discontinue this discount at any time.
Administrative and Local Government Law Section members attending the in-person program on September 19, 2023 are invited to stay after the program and enjoy a complimentary lunch provided by the section.