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Administrative Law

Administrative Law. An Introduction to Administrative Law Resources. The Big Picture. Statute. Undefined Term. Fill Gaps with outside information. Unexpected Situation or Ambiguous Phrase. Gap Fillers for Statutes. Cases Legislative History Administrative Law

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Administrative Law

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  1. Administrative Law An Introduction to Administrative Law Resources

  2. The Big Picture Statute Undefined Term Fill Gaps with outside information Unexpected Situation or Ambiguous Phrase

  3. Gap Fillers for Statutes • Cases • Legislative History • Administrative Law • Administrative Regulations • Administrative Decisions

  4. Administrative Process • Congress passes Enabling Act which creates agency and delegates the power to create and/or enforce regulations • Each agency possesses different powers as granted by its enabling act

  5. Government Directories • U.S. Government Manual and Federal Regulatory Directory • Contain • Citations to enabling act • Description of agency’s purpose and powers • Phone numbers and addresses

  6. Creating Regulations • Agency issues: • Notice of Proposed Rulemaking with Request for Comments • Proposed Rules with Request for Comments • Final Rules with Response to Comments

  7. Federal Register • Daily newspaper of the executive branch • Chronological listing of: • Notices • Proposed and Final Rules • “Legislative history” of regulations • Presidential documents of general applicability

  8. Heading--contains: • Name of Department • Name of Agency or Agencies involved • CFR parts affected by changes • Agency docket numbers • Action statement

  9. Other preliminary information includes effective dates, comment deadlines, and contact names and addresses

  10. The Federal Register publishes a detailed discussion of the action, including the agency’s response to comments. This is usually the only traceable “history” of regulations.

  11. Following the detailed discussion, the agency publishes the text of new, proposed or amended regulations.

  12. Code of Federal Regulations • Provides subject access to federal regulations • Republished annually in four parts • Includes: • Current text of regulations of a general and permanent nature • Citations for statutory authority • Citations for administrative history

  13. Citation: 8 CFR § 209.1 (2004)

  14. Table of Contents Text of Regulations

  15. Authority statement contains U.S.C. sections under which these regulations were promulgated.

  16. Source statement in brackets, sometimes after Authority statement, refers back to the Federal Register for the “history” of the regulations.

  17. Finding Administrative Regulations

  18. Indexes to the CFR • Official Index called CFR Index and Finding Aids

  19. CFR Index and Finding Aids code of federal regulations Revised as of January 1, 2004

  20. Adjustment of status of refugees and aliens granted asylum, 8 CFR 209

  21. Use the Table of Contents to determine the relevant sections.

  22. CFR Indexes • Official Index called CFR Index and Finding Aids • CIS Index to the Code of Federal Regulations

  23. INDEX TO THE CODE OF FEDERAL REGULATIONS COVERAGE OF THE 2001 CODE OF FEDERAL REGULATIONS Subject Index A - D

  24. POLITICAL ASYLUM--IMMIGRANT CLASSIFICATION Adjustment of Status of Refugees and Aliens Granted Asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CFR 209

  25. Other Finding Aids • Cases • Secondary Resources • United States Code Service and United States Code Annotated

  26. Check the annotations section for cites to relevant CFR sections. This listing may not be complete but it will get you started in your research.

  27. Researching Regulations Online • Available on Westlaw, Lexis, and the Internet (including e-CFR through National Archives) • Because of the specificity of most regulations, researching online may be an efficient research choice • Use the Table of Contents features on Westlaw and Lexis • You MUST check the currency of online resources

  28. Updating Regulations

  29. Steps for Updating Regulations • Find CFR section

  30. 8 CFR § 209.1

  31. Steps for Updating Regulations • Find CFR section • Note date of CFR Revision

  32. Title Page Aliens and Nationality code of federal regulations 8 Revised as of January 1, 2004 CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JANUARY 1, 2004

  33. Steps for Updating Regulations • Find CFR section • Note date of CFR Revision • Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage]

  34. Title Page L S A List of CFR Sections Affected code of federal regulations December 2004 Title 1 - 16 Changes January 2, 2004 through December 30, 2004 Title 17 - 27 Changes April 1, 2004 through December 30, 2004 Title 28 - 41 Changes July 2, 2004 through December 30, 2004 Title 42 - 50 Changes October 1, 2003 through December 30, 2004 LSA cumulates the changes since each CFR title was last republished.

  35. Title 8 209 Duplicated and transferred to Chapter V, Part 1209. . . . . 9835

  36. If the agency has amended the regulation recently, you will have to incorporate the new language into the CFR text.

  37. Steps for Updating Regulations • Find CFR section • Note date of CFR Revision • Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage] • Check Last Month’s and Current List of C.F.R. Parts Affected on www.gpoaccess.gov

  38. Steps for Updating Regulations • Shepardize or KeyCite CFR Citations to determine how cases have dealt with you CFR section

  39. Federal Administrative Decisions

  40. Administrative Decisions • Most federal agencies do write formal opinions to explain their decisions

  41. Agency Decisions may be published in: • Official Reporters • (See Bluebook, pp. 168-170) • Loose-leaf Services • Publications geared toward practitioners which, in addition to publishing cases, publish relevant statutes, regulations, commentary, etc. • Westlaw, Lexis • Often in Topical databases • Internet

  42. Citations

  43. “Shepardizing” Agency Decisions • United States Administrative Citations • Topical Shepard’s Citators • Shepard’s Labor Citations • Shepard’s Tax Citations • Lexis • Westlaw (KeyCite)

  44. Presidential Documents

  45. Types of Presidential Documents • Proclamations • Executive Orders

  46. Proclamations are policy announcements issued to the nation.

  47. Executive orders are generally instructions to government officials.

  48. Publication of Presidential Documents • Federal Register • Title 3 of the Code of Federal Regulations • Weekly Compilation of Presidential Documents • Westlaw, Lexis, and the Internet

  49. Shepard’s Citators • Presidential Documents can also be Shepardized using the Shepard’s Code of Federal Regulations Citations

  50. Final Comment • SAVE THIS HANDOUT!!!

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