Information Exchanges with Virginia Government Agencies: Two-Way Street? (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $140 (Includes a downloadable audio version.)
Viewable Through: 3/31/2020

Information

A pre-recorded streaming video replay from the March 2017 webcast, Information Exchanges with Virginia Government Agencies: Two-Way Street?


Topics covered include:

  • Introduction: Dichotomy in Virginia Administrative Law o Nature of proceedings o Agency exceptions to the Administrative Process Act (primarily, the Virginia State Corporation Commission) o Issue exceptions to the APA—relationship of the APA to “substantive law”
  • APA Procedures for Procuring Information from Private Entities o Compulsory process o Informal hearings and settlement discussions
  • Obtaining Information from Administrative Agencies o Freedom of Information Act as a discovery technique o Public participation and discovery rules of particular agencies o 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 o Regulatory matters o Enforcement matters o Confidential information
  • Obtaining Information from SCC Staff and Intervening Parties o Limited discovery rules and other limitations on procurement of information from staff and intervening parties o 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)

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.

 



Schedule

Faculty

FACULTY

John K. Byrum, Jr., Principal, Woods Rogers, PLC / Richmond

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