8:55 Welcome and Introductions
9:00 Inviting a Government Agency to the "Party": Litigation Traps and Pitfalls
J. Mark Payne, J.M. Payne & Associates PLLC, Greensboro
Some things are the same as they ever were. Yet when it comes to a government agency as a litigation participant, traps and pitfalls lurk around every corner, making this a perpetual hot topic. Take in the career knowledge and insights of a long-standing former county attorney. These tips and tricks — and mistakes to avoid — may make the difference in your case, whether representing or pursuing a government agency.
10:00 Break
10:10 The Next Horizon of Public Mental Health in NC
W. Anthony Ward, Trillium Health Resources, West End
Learn where the future of public mental health structures in North Carolina are heading in the days ahead. This session from an industry insider primes you for potential impacts on responsible agencies, Local Management Entities/Managed Care Organizations (LME/MCOs), Medicaid eligibility and delivery, and potential legislative activity coming down the pike.
11:10 Break
11:20 The Interplay of Mental Health Treatment and Placement Quagmires
Wendy L. Sivori, Guilford County Attorney's Office, Greensboro
The safe and timely placement of individuals with significant mental health treatment requirements has daily impacts on juveniles and adults alike, along with their health care providers and regulating agencies. Tune in for the experience and insights of a deputy county attorney routinely navigating these waters. Become acquainted with the governing provisions of Chapters 7B and 122C of the North Carolina General Statutes and glean practical knowledge no matter which side of these complex matters your practice may touch.
12:20 Administrative Law Section Annual Meeting
Frederick Moreno, Howard Perry & Walston Realty Inc., 2023-2024 Section Chair, presiding
12:35 Lunch Break
1:30 The Fate of Chevron Deference
Professor Sidney A. Shapiro, Wake Forest University School of Law, Winston-Salem
Twin cases set to be decided in 2024 by the United States Supreme Court have the potential to upend the four-decades-long doctrine of Chevron deference. The special weight afforded by courts to agency interpretations is under siege. Hear from a renowned administrative law scholar and professor what this could mean for you as an administrative law practitioner.
3:00 Break
3:10 Updates From the Rules Review Commission
Brian
R. Liebman, North Carolina Rules Review Commission, Raleigh
Jake
Parker, North Carolina Farm Bureau Federation, Raleigh
The Rules Review Commission (RRC) within the Office of Administrative Hearings continues to regularly review rules and otherwise carry out the mission bestowed upon it by the General Assembly. Join this session to engage with a commissioner and receive updates on the latest coming out of RRC and what lies ahead.
4:10 Adjourn
Thank you for joining us for Scorching-Hot Topics for Administrative Law Practitioners (2024 Administrative Law Section Program).
The Administrative Law Section is pleased to bring you a collection of "hot-off-the-press" sessions to focus your attention on what is coming down the road in 2024 and beyond for practitioners of administrative law.
Brian R. Liebman is Counsel to the North Carolina Rules Review Commission in Raleigh.
Prior to his service to the Commission, Brian held several roles at the North Carolina Industrial Commission and clerked for the Honorable Robert N. Hunter, Jr. at the North Carolina Court of Appeals.
Brian earned his B.A. in Political Science and History from North Carolina State University and J.D. from the University of North Carolina School of Law.
Click here for more information about Brian.
Jake Parker is Secretary & General Counsel at North Carolina Farm Bureau Federation in Raleigh. He serves as chief legal officer for Farm Bureau and its affiliated corporations. In this role, he directs the organization's legal advocacy efforts and ensures its compliance with federal and state laws.
Since joining Farm Bureau in the summer of 2004, Jake has also advocated for North Carolina farm families at the North Carolina General Assembly and before the US Congress.
Jake earned his B.S. in Political Science and Government from Appalachian State University and her J.D. from the North Carolina Central University School of Law.
Click here for more information about Jake.
J. Mark Payne is the Principal at J.M. Payne & Associates PLLC in Greensboro. His areas of practice include governmental representation, transition services and representation before governmental entities.
Mark has 25 years of experience as a county attorney, serving in Johnston County for 13 years and 12 years as the Guilford County Attorney. In that time, he has represented every kind of local government board in every kind of litigation, including complex elections law matters and a significant role in the ground-breaking national opioid litigation. He has provided training to local government boards and staff, as well as his fellow government attorneys through CLE presentations.
Prior to his serving service as a county attorney, Mark was in the NC Attorney General’s Office with responsibility in environmental law, utilities law and appellate work.
Mark earned his undergraduate degree from the University of North Carolina Chapel Hill and his J.D. from the University of North Carolina Chapel Hill School of Law.
Click here for more information about Mark.
Taniya D. Reaves is the Assistant County Attorney with the Guilford County Attorney's Office in Greensboro.
In 2021, the Greensboro Bar Association recognized Taniya for outstanding pro bono service by honoring her with the 2021 Pro Bono Award for her work in expunction cases.
Taniya earned her J.D. from North Carolina Central University School of Law.
Click here for more information about Taniya.
Sidney A. "Sid" Shapiro is the Frank U. Fletcher Chair in Administrative Law and Professor of Law at Wake Forest University School of Law in Winston-Salem. He is one of the country's leading experts in administrative procedure and regulatory policy.
Sid has written ten books, contributed chapters to seven additional books, authored or co-authored over fifty-five articles, and is currently working on a book on administrative expertise. He has been a consultant to government agencies and has testified before Congress on regulatory subjects. He is the Vice-President of the Center for Progressive Reform, a nonprofit research and educational organization of university-affiliated academics.
Before coming to Wake Forest, Sid taught at the University of Kansas where he was a distinguished professor. Prior to teaching, he was a trial attorney with the Federal Trade Commission and Deputy Legal Counsel of the Secretary's Review Panel at the U.S. Department of Health, Education, and Welfare.
Sid earned both his B.S. and J.D. from the University of Pennsylvania.
Click here for more information about Sid.
Wendy L. Sivori is Deputy County Attorney at Guilford County Attorney's Office in Greensboro. She has held this position since August of 2019.
Prior to, Wendy was the County Attorney for Duplin County for 14 years and started her government representation with Pitt County in 2003. During her time in government law, she has represented the Department of Social Services including representation in juvenile court for children that are alleged to be as abused, neglected and dependent.
Wendy served on the Board for the North Carolina Association of County Attorneys for four years, including serving as its President. In 2018, she was recognized by her peers and received the award as the Outstanding County Attorney for that year.
Wendy earned her B.A. in Political Science/English from James Madison University and his J.D. from Penn State Dickinson Law.
Click here for more information about Wendy.
W. Anthony Ward is with Trillium Health Resources in West End. He joined the organization in February 2024 through the consolidation of Trillium Health Resources with Sandhills Center and Eastpointe Human Services, three Local Management Entities – Managed Care Organizations managing public behavioral health funding for the State of North Carolina. Prior to his time with Trillium Health Resources he served as Sandhills Center's Chief Executive Officer and Deputy Director/Chief Operating Officer since July 2012.
Prior to joining Sandhills Center, Anthony served as Director of The Guilford Center, Guilford County's Department of Behavioral Health. His previous roles with The Guilford Center included Administrative Officer, Provider Relations Manager and Mental Health Administrator.
Anthony graduated, magna cum laude, with a bachelor's degree in social work from the University of North Carolina at Greensboro. He holds a master's degree in social work, specializing in management and community practice, from the University of North Carolina at Chapel Hill, and a master's degree in business administration from Wake Forest 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.
Click here for more information about Stephen.
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