Information Exchanges with Virginia Government Agencies: Two-Way Street?

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Wednesday, March 9, 12:00 p.m. - 2:00 p.m. ET

Thursday, April 7, 12:00 p.m. - 2:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $145

Information

Why Attend?

If your clients are involved in matters before a Virginia government agency, you need to know these rules!

  • Dealing with the state government is different, and your clients expect you to know the differences
  • Learn the methods agencies use to gain information, and how those efforts can be resisted
  • Discover the means by which your client can gain information from those agencies
  • Understand the unique rules applicable to the State Corporation Commission

This program has been rescheduled from November/December.

When you have business with the Government, in our case, the agencies of the Commonwealth of Virginia, the relationship may be by choice—for example, when applying for a permit or license—or involuntary—when a Virginia agency’s enforcement arm contacts your client. The Government has enhanced abilities to seek, and in many cases compel, information from your clients, while your clients may not have a corresponding ability to obtain information from the Government. Moreover, the information exchanged may be critical to the ultimate outcome of the representation.

Understanding these rules is not merely the province of a select group of administrative law experts: every litigator and transactional lawyer whose clients have business with the Government should be familiar with them. Our expert speakers will help you to navigate the complexities in order to maximize your client’s interests.

Topics to be covered include:

  • Introduction: Dichotomy in Virginia Administrative Law
    • Nature of proceedings
    • Agency exceptions to the Administrative Process Act (primarily, the Virginia State Corporation Commission)
    • Issue exceptions to the APA—relationship of the APA to “substantive law”
  • APA Procedures for Procuring Information from Private Entities
    • Compulsory process
    • Informal hearings and settlement discussions
  • Obtaining Information from Administrative Agencies
    • Freedom of Information Act as a discovery technique
    • Public participation and discovery rules of particular agencies
    • Limitation on use of  CIDs against state agencies/institutions: Cuccinelli v. Rector, Visitors of Univ. of Va., 283 Va. 420, 722 S.E.2d 626 (2012)
  • SCC Procurement of Information from Private Entities
    • Regulatory matters
    • Enforcement matters
    • Confidential information
  • Obtaining Information from SCC Staff and Intervening Parties
    • Limited discovery rules and other limitations on procurement of information from staff and intervening parties
    • Lack of FOIA procedures for discovery of the SCC staff: Christian v. State Corporation Comm’n, 282 Va. 392, 718 S.E.2d 767 (2011)


 

 

Registering for this program as a webcast? Purchase an 8- or 12-credit Online Bundle, and save up to 40% on your choice of webcasts and/or online seminars. No need to make all of your selections immediately — take up to 365 days to choose the programs you want.

Government Attorney? Receive a 50% discount on this and most seminars, and a 30% discount on publications.
New Virginia Lawyer? (less than three years) Receive a 25% discount on this and most seminars and publications.


Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (March 29)

12:00 Information Exchanges with Virginia Government Agencies: Two-Way Street?
1:45 Question-and-Answer Session
2:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (April 7)

12:00 Information Exchanges with Virginia Government Agencies: Two-Way Street?
1:45 Question-and-Answer Session
2:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

John K. Byrum, Jr., Principal, Woods Rogers, PLC / Richmond
Daniel C. Summerlin, III, Principal and President, Woods Rogers, PLC / Roanoke

Locations, Dates and Fees

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    Charlottesville, VA 22901

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