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Ronald L. Beal // Of Counsel
p: 512-615-1222 | f: 512-615-1198 | rbeal@enochkever.com

Professor Ron Beal’s practice focuses on the intricacy of regulatory agencies' statutory authority, and their substantive and procedural rules. His treatise, Texas Administrative Practice and Procedure (Lexis Law Publishing 2012), is the premier Texas authority and is in its 15th printing/revision. Professor Beal is also a noted authority on the Texas Administrative Procedure Act and judicial review, including the scope of the judiciary’s power to review agency decision-making. He has authored a number of law review articles regarding Texas administrative law and procedures, and his work is often cited by the Texas Supreme Court and other Texas courts having jurisdiction to review agency decisions. In addition to his other writings, Professor Beal, with friend-of-the-court briefs, weighs in on significant administrative issues other parties bring to the courts. He has been credited with persuading the Texas Supreme Court to reconsider and modify a significant administrative law opinion. Professor Beal continues on the faculty of Baylor Law School where he has taught for the past 28 years. During the past 15 years, he has advised many of the State’s top law firms on issues of administrative law.

Experience

  • Teaching state and federal administrative law at Baylor Law School since 1983
  • Associate with Murnane Brandt, St. Paul MN, April 1979 – July 1981; Law Clerk, July 1977- 1979


Admitted to Practice

  • Texas
  • Minnesota


Education

  • Temple University School of Law
    - LL.M., 1983
  • William Mitchell College of Law
    - J.D., 1979
  • St. Olaf College
    - B.A., 1975

Publications

  • Texas Administrative Practice and Procedure – Fourteen chapter treatise published by Lexis Law Publishing (1997-2012; 15th Ed.) cited with approval at Tex. Dept. of Protective and Regulatory Services v. Mega Child Care, Inc., 145 S.W.3d 170 (Tex.2004);Texas Dept. of Insurance v. Reconveyance Services, 240 S.W.3d 418, 434 n.12 (Tex. App.-Austin 2007, pet. filed); Texas Court Reporter Certification v. Esquire Deposition Services, 2007 Westlaw 2066178 (Tex. App.-Austin 2007); Pretzer v. Motor Vehicle Bd.,125 S.W.3d 23 (Tex. App.-Austin 2003 rev’d on other grounds at 138 S.W.3d 908 (Tex. 2004); Eldercare Properties, Inc.,63 SW3d 551(Tex. App.-Austin 2001);Williams v. Houston Firemen’s Relief & Retirement Fund, W.L. 1671349 (Tex. App.-Houston [1st Dist.] 2001) (unpublished); Ex Parte Elliott,973 S.W.2d 737 (Tex. App.-Austin 1998); and American Express Tax & Business Service v. Tx St. Bd. Of Accountancy, W.L. 598116(Unpublished) (Tex. App.-Austin 1998).
  • “Power of the Governor: Did The Court Unconstitutionally Tell the Governor to Shut Up?,” 62 Baylor Law Review 72 (Winter 2010).
  • Amicus Brief filed in El Paso Hosp. Dist. v. Tex. Health & Human Services, 247 S.W.3d 709 (Tex. 2008), credited with the Supreme Court modifying its final order on author’s suggestions. See Texas Lawyer – 1 (March 2, 2008, Vol. 23, No. 52).
  • Amicus Brief filed in St. Bd of Chiropractic Examiners v. Tex. Med. Assoc., 270 S.W.3d 777 n. 7 (Tex. App.-Austin 2008). Court of Appeals modified final opinion on author’s suggestions.
  • A Miry Bog Part II: UDJA Actions and APA Declaratory Judgment Actions And Agency Statements Made Outside a Contested Case Hearing Regarding The Meaning of the Law,” 59 Baylor Law Review 267 (Spring 2007) cited with approval at Tex. Dept. of Pub. Safety v. Salazar, 304 S.W.3d 896 (Tex. App.-Austin 2009); Combs v. Entertainment Publications, Inc., 292 S.W.3d 712 (Tex. App.-Austin 2009)(Henson Concurring);Texas Department of Insurance v Reconveyance Services, 240 S.W.3d 418, 440 n. 17 (Tex. App.-Austin 2007, pet. filed).
  • “Texas Administrative Practice and Procedure: (1) A Paved Road to a Miry Bog: A Section 2001.038 Declaratory Judgment Action to Challenge the Validity of a Rule and (2) 2005 Update and Analysis, 58 Baylor Law Review 331 (Spring 2006) cited with approval at Tex. Dept. of Pub. Safety v. Salazar, 304 S.W.3d 896 (Tex. App.-Austin 2009); Combs v. Entertainment Publications Inc., 292 S.W.3d 712 (Tex. App.-Austin 2009)(Henson Concurring).
  • “The Texas State Office of Administrative Hearings: Establishing Independent Adjudications in Contested Case Proceedings While Preserving the Power of Institutional Decision Making,” 25 Journal of the National Association of Administrative Law Judges 119 (Spring 2005).
  • “Administrative Law 2004 Update and Analysis, 57 Baylor Law Review 359 (Spring 2005) cited with approval at Texas Dept. of Insurance v. Reconveyance Services, 240 S.W.3d 418, 440 n.6 (Tex. App.-Austin 2007, pet filed)(J. Patterson dissenting).
  • “Administrative Law Update and Analysis,” 56 Baylor Law Review 309 (Spring 2004).
  • “The APA and Rulemaking: A Lack of Uniformity Within a Uniform System, 56 Baylor Law Review 1 (Winter 2003-04).
  • “Issuing a Proposal for Decision: An Analysis of the Power of An Administrative Law Judge in Rendering Proposed Findings In a Contested Case Proceeding”, 2 Texas Administrative Law Journal 210-250 (Summer 2001).
  • “Challenging the Factual Basis and Rationality of a Rule Under APTRA” 45 Baylor Law Review 1 (1993); cited with approval in TNRCC v. Accord Agricultural Inc., WL 699825 (Tex. App.-Austin 1999, unpublished); National Assoc. of Independent Insurers v. Texas Department of Insurance, 925 S.W.2d 667 (Tex. 1996); Railroad Com’n of Texas v. Arco Oil Co., 876 S.W.2d 473 (Tex. App.- Austin 1994, writ denied).
  • “The Clash of the Open Meetings Act and APTRA: A Tragedy in the Making” 55 Texas Bar Journal 928 (October 1992).
  • “Ad Hoc Rulemaking in Texas: The Scope of Judicial Review” 42 Baylor Law Review 459 (1990) cited with approval in Railroad Com’n of Texas v. Lone Star Gas Co., 844 S.W.2d 679 (Tex. 1992).
  • “Ad Hoc Rulemaking: Texas Style” 41 Baylor Law Review 101 (1989) cited with approval in Rodriguez v. Service Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999); Railroad Com’n of Texas v. Lone Star Gas Co., 844 S.W.2d 679 (Tex. 1992); Amarillo Independent School District v. Meno, 854 S.W.2d 950 (Tex. App.-Austin 1993); Texas Ass’n (TEXALTEL) v. P.U.C., 798 S.W.2d 875 (Tex. App.-Austin 1990).
  • “The Scope of Judicial Review of Agency Rulemaking: The Interrelationship of Legislating and Rulemaking in Texas” 39 Baylor Law Review 597 (1987) cited with approval in Railroad Com’n of Texas v. Arco Oil Co., 798 S.W.2d 888 (Tex. App.-Austin 1990, writ denied); Methodist Hospitals v. Industrial Accident Bd., 798 S.W.2d 651 (Tex. App.-1990, writ dism’d w.o.j.).
  • “Can I Sue Mommy?: An Analysis of a Woman’s Tort Liability for Prenatal Injuries to Her Child Born Alive, 21 University of San Diego Law Review 325 (1984)”, Remy v. MacDonald, 440 Mass. 675, 801 N.E.2d 260 (2004); Chenault v. Huie 989 S.W.2d 474 (Tex.App.-Dallas, 1999); Broadwell by Broadwell v. Holmes, 871 S.W.2d 471 (Tenn. 1994); Cates v. Cates, 619 N.E.2d 715 (Ill. 1993); Bonte for Bonte v. Bonte, 616 A.2d 464 (N.H. 1992); Stallman by Stallman v. Youngquist, 504 N.E.2d 400 (Ill. 1987).
  • Case and Problems in Trail Advocacy-National Institute of Trail Advocacy, 1984: The lawsuit of McLain v. Barber, co-authored with Professor Anthony J. Bocchino, (currently in Fourth Edition).

Professional and Community Activities

  • Lecturer, State Bar of Texas-Administrative Law-CLE, Austin, Texas,
    September 16-17, 2009
  • Lecturer, University of Texas-Administrative Law-CLE, Austin, Texas,
    August 29-30, 2009
  • Lecturer, University of Texas-Administrative Law-CLE, Austin, Texas,
    August 30-31, 2007
  • Lecture, 19th Annual Administrative Law Course, State Bar of Texas,
    Austin, Texas, September 20-21, 2007
  • Lecturer, University of Texas-Administrative Law-CLE, Austin, Texas,
    July 27-28, 2006

  • Lecturer, University of Texas-Administrative Law-CLE, Austin, Texas,
    July 28-29, 2005

  • Lecturer, National Association of Hearing Officials, 2004 National Training
    and Continuing Education Conference, October, 2004
  • Lecturer, SOAH Administrative Law Judge Conference-Ethics and Evidence,
    Texas Center for the Judiciary, May, 2004

  • Lecturer, National Association of Administrative Law Judges (NAALJ),
    November, 2001
  • Lecturer for the Texas Association of Professional Administrative
    Adjudicators (TAAPA), 2000-2002
  • Lecturer, for the 12th and 13th Annual Advanced Administrative
    Law Seminar for the Travis County Bar Assoc., Administrative Law Section
  • Lecturer, for the 3rd , 5th , 6th and 14th Annual Advanced Administrative Law
    Courses for the State Bar of Texas, Professional Development Course
  • Lecturer, for the Hearings Examiner Certificate Program sponsored by the
    University of Texas (1990)
  • Lecturer, for the Texas Administrative Law Contested Case Adjudication Seminar sponsored by Texas A & M
  • University for the training of hearing examiners for the State of Texas. (1990)

Awards and Recognition

  • Outstanding Professor for 1993-94, Baylor University
  • Outstanding Law Review Article on Administrative Law for 1991
  • State Bar of Texas, Administrative and Public Law Council