Nuts-and-Bolts Updates for Administrative Law Practitioners (2022 Administrative Law Section Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 Legislative Updates
David P. Ferrell, Nexsen Pruet, Raleigh
This session highlights recent and pending legislative items of interest to attorneys practicing administrative law. Learn about the significant changes for administrative agencies and those practicing before them.
9:30 Break
9:40 Federal and North Carolina Caselaw Update
Claire R. O'Brien, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro Clinton R. Pinyan, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Keep up to date on federal and North Carolina cases impacting those who practice administrative law.
10:40 Break
10:50 Interstate Compacts
Nahale F. Kalfas, Legal Counsel to The Council of State Governments – National Center for Interstate Compacts, Hillsborough
The North Carolina General Assembly continues to consider and adopt numerous interstate compacts. Join us to discuss interstate compact law and differences between compacts and universal licensure bills.
11:50 Administrative Law Section Annual Meeting
Nahale F. Kalfas, Esq., Legal Counsel to The Council of State Governments – National Center for Interstate Compacts, Hillsborough NC, 2021-2022 Section Chair, Presiding
12:05 Lunch Break
12:50 Chapter 55B
Cheri L. Myers, North Carolina Department of the Secretary of State, Raleigh M. Jackson Nichols, Nichols Choi & Lee PLLC, Raleigh
There are over 50 occupational licensing boards in North Carolina, but only 21 of them allow for registration of professional corporations or professional limited liability companies under G.S. Chapter 55B and G.S. Chapter 57D.
To kick off this two-part presentation, Jack Nichols explores the legal requirements for G.S. 55B entities. In the second part, Cheri Myers, Director of the NC Business Registration Division of the Secretary of State's Office, describes the examination process at the Department of the Secretary of State.
1:50 Break
2:00 Hendrixson v. NCDHSS and Unpromulgated Rules
Matthew J. Cochran, Ott Cone & Redpath PA, Asheville Stephen J. White, Ott Cone & Redpath PA, Greensboro
Lurking among state agency manuals, bulletins, and other subregulatory publications are policies and practices that affect the public. Do these unpromulgated rules have the force of law? We examine these issues against the backdrop of a recent Court of Appeals case.
2:30 Adjourn
Description
If you are an attorney who practices before — or who counsels and represents — administrative agencies, this CLE is for you!
Contributors
Matthew J. Cochran
Matthew J. Cochran is a principal at Ott Cone & Redpath PA in Asheville. He assists hospitals and other healthcare providers in developing and implementing revenue cycle innovations, reimbursement enhancements, and uncompensated care mitigation strategies. Through trial and appellate litigation, he represents health systems and their patients in disputes with state agencies concerning an array of issues such as licensure, program enrollment and eligibility, and payment suspensions, recoupments, and other penalties. Matthew is also closely involved in the development of regulatory policy, working with clients, other stakeholders, and agency rulemaking staff in pursuit of an accountable and functional executive branch. His philanthropic pursuits include lecturing friends and family on the glories of the heroic couplet.
Prior to joining the firm, Matthew served as law clerk to the Honorable Sarah Parker, Chief Justice of the Supreme Court of North Carolina. Matthew is the author of numerous articles examining a range of constitutional, commercial, and philosophical issues. His scholarship has been published in American and international legal journals and has been cited in briefs to the United States Supreme Court.
Matthew earned his B.A. in English from University of North Carolina at Chapel Hill and his J.D., magna cum laude, from Campbell University Norman Adrian Wiggins School of Law.
David P. Ferrell is a shareholder and the public policy practice group leader at Maynard Nexsen PC in Raleigh. He concentrates his law practice in civil matters, including civil litigation, professional liability defense, energy and public utilities, legislative representation and lobbying, eminent domain and real estate litigation, administrative and regulatory matters, government contracts, and construction litigation.
David represents architects, engineers, project owners, contractors, and liability carriers in a variety of construction, professional liability, insurance coverage, employment and contract disputes, as well as in other matters. He represents clients in financial services, title insurance and securities litigation. His practice is broad in scope and includes mediation, arbitration and litigation in state and federal courts.
David is a North Carolina registered lobbyist and has experience in state, local and executive branch lobbying, grass roots campaigns, and regulatory compliance. His government relations experience includes a diverse group of clients and a wide range of issues, which has allowed him to appear in and monitor legislation in most of the standing legislative committees and interim study committees.
David is a member of the Wake County and North Carolina Bar Associations and the North Carolina Professional Lobbyist Association. He also serves as general counsel to North Carolina business and trade associations, as well as to state professional licensing boards.
David earned his B.A. from the University of North Carolina Chapel Hill and his J.D. from Campbell University School of Law.
Nahale F. Kalfas is a solo-practitioner specializing in Administrative Law. For the past fifteen years she has been General Counsel for the North Carolina Board of Examiners for Speech and Language Pathologists and Audiologists.
Nahale is Legal Counsel to the National Center for Interstate Compacts (NCIC) at The Council of State Governments. She has served as co-counsel for the governing board of the Psychology Inter-jurisdictional Compact (PSYPACT) and also serves as interim counsel for the Audiology and Speech-Language Pathology Interstate Compact and co-counsel for the compact projects for Occupational Therapy, Licensed Professional Counselors and Clinical Social Work. She provides guidance with regard to best practices for state regulatory boards and licensure compact agencies as a faculty member on the Panel of Experts for the Occupational Licensing Consortium sponsored by the U.S. Department of Labor.
Nahale earned her B.A., summa cum laude, in English/International Studies from North Carolina State University and her J.D. from Duke University School of Law.
M. Jackson "Jack" Nichols is Of Counsel at Hedrick Gardner Kincheloe & Garofalo LLP in Raleigh. His practice focuses on administrative law and civil litigation. He concentrates on public policy development and advocacy, administrative law, and civil litigation.
Jack has taught Administrative Law and Constitutional Law at the University of North Carolina at Chapel Hill and Campbell University School of Law. He has also represented clients in more than 100 hearings at the Office of Administrative Hearings, and has been Counsel of Record in over 60 appellate cases.
Among his litigation cases, Jack has successfully resolved sexual harassment claims, EEOC claims, retaliation, whistleblowers, commercial cases involving Unfair Trade Practice claims, violation of non-compete agreements, violations of the N.C. Trade Secrets Act, wage and hour cases, jury trials, professional defamation, and product disparagement cases.
Jack's consistent excellence has led to recognition as among the Best Lawyers in America® in Administrative Law since 2003, including selection as the Administrative/Regulatory Lawyer of the Year in 2020, and recognition among Super Lawyers in 2006 and 2009-present. He is also Rated AV® by Martindale-Hubbell®.
Jack earned his B.S. in Political Sciense from Davidson College, M.A. in Public Policy Science from Duke University and his J.D. from Wake Forest University School of Law.
Claire R. O'Brien is an associate at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. Her practice focuses on a wide range of health care issues, including compliance with federal and state regulations and day-to-day operations of health care facilities. Her work includes conducting and advising on internal investigations, counseling on employment issues, and completing due diligence related to corporate transactions involving health care, medical device, and pharmaceutical entities.
After law school, she clerked for the Honorable Liam O'Grady on the United States District Court for the Eastern District of Virginia and practiced regulatory law in the Food, Drug, and Device group of an international law firm in Washington, D.C., before returning to North Carolina to join Brooks Pierce.
Claire earned her B.A., magna cum laude, from Wake Forest University and her J.D. from University of North Carolina School of Law.
Clinton R. "Clint" Pinyan is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. He has an extended and varied practice focused on government regulation of businesses and professionals. He advocates for clients and advises them in a variety of settings, concentrating on complex business and commercial litigation, administrative and regulatory law.
Clint represents both regulators and regulated businesses and professionals, giving him extensive experience on both sides of the regulatory process. He serves as general counsel to the North Carolina Board of Pharmacy and has represented other state and local government agencies, counties and municipalities. He also represents regulated persons before agencies such as the Board of Certified Public Accountant Examiners, the Medical Board, the Board of Dental Examiners, the Psychology Board and the Social Work Certification and Licensure Board. Clint has litigated dozens of administrative hearings in North Carolina.
Clint has served on the Section Council of the Administrative Law Section and is a former Chair of the Antitrust & Complex Business Disputes Law Section. He has spoken at numerous continuing legal education programs on administrative law and antitrust law issues (and often the interaction between the two).
Clint graduated from Wake Forest University and the University of Chicago Law School. After law school, he clerked for the Honorable Frank W. Bullock on the United States District Court for the Middle District of North Carolina and practiced in the Supreme Court litigation section of an international law firm based in Washington D.C., before he returned home to Brooks Pierce.
John R. Szymankiewicz is a licensed professional engineer and attorney in North Carolina. Embarking on a second career, John went to law school at night while juggling a demanding full-time job, a family, and teaching at a local martial arts school.
Seeing the need for experienced attorneys who are focused on their client's needs, John launched his own law firm in 2010. Since then, his practice has focused on developing ongoing relationships, becoming a business partner with clients instead of being merely a supplier of services. He has earned the trust and respect of entrepreneurs and growing businesses by serving as a collaborator in his client's efforts to be successful. John joined Matheson & Associates in 2014.
John is a distinguished member of the board of directors for the Wake County Bar Association, which recently presented him with the President's Award for his services to the Wake County Legal Community. He is a member of the North Carolina Bar Association and serves on the Council of the Solo, Small Firm, and General Practice Section. In addition to the North Carolina and Wake County Bar Associations, he is also a member of the 10th Judicial District Bar and the American Bar Association. He is licensed to practice in all of North Carolina State Courts, the Eastern and Middle Districts of North Carolina's Federal and Bankruptcy Courts, and the United States Supreme Court.
John has been featured in Attorney at Law Magazine (Triangle Edition), the Raleigh News & Observer, and the Triangle Business Journal.
Frank Trainor has been the staff attorney for the North Carolina State Board of CPA Examiners in Raleigh since 2011. He provides general legal advice to the Board and oversees the Board's Professional Standards section, which focuses on the discipline of CPAs in the State of North Carolina and enforcement against the unauthorized use of the CPA title in the State.
Prior to his current position, Frank was in private practice focusing on administrative law, where he represented other occupational licensing boards as well as numerous licensees facing disciplinary action.
Frank earned his bachelor's degree from the University of North Carolina in Chapel Hill and his J.D. from Tulane University.
Stephen J. White is a principal at Ott Cone & Redpath PA in Greensboro. He assists hospitals, physicians, and healthcare systems in their efforts to enhance revenue. He works closely with providers in areas related to Medicaid eligibility, in addition to advising on identification and pursuit of other third-party payors.
Stephen also represents healthcare systems and hospitals concerning claims management and collection issues, including erroneous claim denials, underpayments, and otherwise abusive tactics levied by private and governmental payors against providers. Through creative problem-solving, skilled negotiation, and dedicated advocacy, Stephen appreciates the opportunity to assist providers with increasing reimbursement and decreasing bad debt.
A member of the NCBA Administrative Law Section Council, Stephen maintains an ever-growing appreciation for the impact of administrative law in healthcare and is grateful for the opportunity to bring that perspective to the Section.
Stephen earned his B.A., magna cum laude, in Political Science from University of Georgia and his J.D. from Wake Forest University.