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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.

    Click here for more information about Matthew.

  • David P. Ferrell

    David P. Ferrell is a partner at Nexsen Pruet 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. David 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 earned his B.A. from the University of North Carolina Chapel Hill and his J.D. from Campbell University School of Law.

    Click here for more information about David.

  • Nahale F. Kalfas

    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.

    Click here for more information about Nahale.

  • Cheri L. Myers

    Cheri L. Myers is the Corporations Director at North Carolina Department of the Secretary of State in Raleigh.

    Click here for more information about Cheri.

  • M. Jackson "Jack" Nichols

    M. Jackson "Jack" Nichols is a member of Nichols Choi & Lee PLLC, and has focused his legal career on administrative law and civil litigation. He concentrates on public policy development and advocacy, administrative law, and civil litigation. His practice is augmented by his extensive government service, including elective office to the Board of Commissioners (1990-1994) of Wake County, the state's largest county. He has taught Administrative Law and Constitutional Law at the University of North Carolina at Chapel Hill and Campbell University School of Law. He served as Deputy Legislative Liaison for Governor James B. Hunt, Jr., from 1983-1985, and worked in state government from 1978-1985 as legal counsel to the Secretaries of Administration and Human Resources.

    The firm represents twelve state occupational/professional licensing boards, and Jack primarily works with four of them. He also has represented clients before regulatory bodies such as the North Carolina Utilities Commission, North Carolina Banking Commission, North Carolina Industrial Commission, and the State Personnel Commission (now the Human Relations Commission).

    Jack has been recognized by Best Lawyers in America in Administrative Law since 2003 and as a "Super Lawyer" in North Carolina Super Lawyer since 2006. He also has been designated by North Carolina Lawyers Weekly in both 2014 and in 2019 as a "Leader in the Law." In 2018, the North Carolina Bar Association, Administrative Law Section presented him with its annual Award of Excellence.

    Jack was born in Quantico, VA, and, after early childhood in Baton Rouge, LA, grew up in Charlotte. He has lived in Raleigh since 1978.

    Click here for more information about Jack.

  • Claire R. O'Brien

    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.

    Click here for more information about Claire.

  • Clinton R. Pinyan

    Clinton R. Pinyan is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. He practices in the areas of administrative law and complex commercial litigation. In his administrative law practice, Clint represents the North Carolina Board of Pharmacy and represents licensees before a number of other administrative agencies and licensing boards.

    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.

    Click here for more information about Clinton.

  • John R. Szymankiewicz

    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.

    Click here for more information about John.

  • Frank Trainor

    Frank Trainor has been the staff attorney for the North Carolina State Board of CPA Examiners 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 at the University of North Carolina in Chapel Hill and his J.D. at Tulane University.

    Click here for more information about Frank

  • Stephen J. White

    Stephen J. White is a principal at Ott Cone & Redpath PA in Greensboro. He advises healthcare clients on a wide range of reimbursement and compliance issues. Stephen has a particular passion for supporting provider endeavors concerning Medicaid and related areas and especially enjoys collaborating closely with client staff and leadership in their mission to care for and assist patients.

    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.

    Stephen and his spouse live in Winston-Salem and continue to attend Wake athletic events as often as they can (as long as there are no conflicts with Georgia games on TV).

    Click here for more information about Stephen.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

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March 25, 2022
Fri 8:25 AM EDT
NC Bar Center Cary

Duration 6H 5M

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