On February 8, 2018, Heather F. C. Hoganson, of counsel to Simas & Associates, Ltd., gave a presentation before the Sacramento County Bar Association (“SCBA”), Administrative Law section at its February MCLE Luncheon. Along with her colleague, Helen Geoffroy, Heather presented on the interesting topic of “Attacking Regulations: A Guide to Private Practitioner or Regulator.”
Heather has handled promulgating regulations for multiple agencies. She has written articles on a variety of legal subjects, including regulations and precedential decisions under the Administrative Procedure Act. Helen is an attorney with the California Department of State Hospitals, providing legal support in multiple areas of the law to state hospitals treating mentally ill patients. Her responsibilities include obtaining court orders for medication or medical assistance for incompetent patients, providing advice and representation for Forensics and the newly developed Patient Cost Recovery Unit, and developing policies for California Department of Corrections and Rehabilitation patients.
The presentation went through the nuts-and-bolts of the process undertaken by agencies to create regulations. And then the myriad of ways the regulations can be attacked. This can be through procedural deficiencies, omissions in required materials, studies, and analyses, inconsistencies with the law, attacking the substance of the regulations, among many, many others. They also explained the process – both regular and emergency – and opportunities to bring claims through the notice, Office of Administrative Law review, and by way of writ of mandate in the Superior Court of California.
The presentation took place at the SCBA’s event center where lunch and refreshments were served.
Both Heather and Helen drew upon their lengthy histories working with various agencies of the state of California to provide interesting anecdotes and results that had not been anticipated by their respective agencies. They also provided interesting suggestions on how attorneys can cultivate work by bringing attention to proposed regulations to the various industries that they represent.
Thank you to them both!