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Administrative Law Research

Explore the complexities of administrative law, including rules issued by executive agencies, legislative authority, and the force of law they hold. Learn about Federal Code of Regulations and effectively conduct research.

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Administrative Law Research

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  1. Administrative Law Research Cheryl Nyberg June 23, 2004 Administrative Law Research

  2. Rules & Regulations • Issued by executive branch & independent agencies • Under specific & general legislative authority • Procedural & substantive • Make authoritative requirements • Implement a statute • Have the force of law

  3. Federal Code of Federal Regulations Federal Register Washington Washington Administrative Code Washington State Register Parallel Systems

  4. Example: Speed of Ketchup • Statutory authority: 21 U.S.C. § 341 • Regulation: 21 C.F.R. 155.194 • History • Final rule: 48 Fed. Reg. 3956 • Proposed rule: 43 Fed. Reg. 19864

  5. Statutory Authority--General The Secretary . . . is hereby authorized to promulgate such rules and regulations as, in his judgment, are necessary to carry into effect the provisions of this subchapter.

  6. Statutory Authority--Specific In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and . . . .

  7. Who Regulates What? • U.S. Government Manual (online & print) • Federal Regulatory Directory (print) • Agency websites or Firstgov • U.S. Code index • Code of Federal Regulations index • Secondary sources (looseleaf services, books, articles, ALR annotations, etc.)

  8. Flammable Fabrics • Find statute on Westlaw: USCA • View table of contents • View section 1193 • CFR cross references • Administrative Code link

  9. Observations • Efficiency of Table of Contents view • Two options for linking to CFR sections • Links to Federal Register July 1980 to date • Updated faster than print sources • Multiple advantages offered by a commercial legal database provider

  10. Fire Extinguishers on Trains • Search CFR on GPO Access • Browse text • Note currency, Authority & Source • With citation, try e-CFR

  11. Observations • Lacks links to statutory authority & Federal Register source • Not updated as quickly as commercial online source

  12. Updating • Indispensable • Online services make it easy • Free Internet sources & print materials involve more work

  13. From Proposal to Adoption • Gleam in the eye of the regulator: the Unified Agenda • Proposed rules: the Federal Register • Proposed rules: Regulations.gov • Final rules & summary of comments: the Federal Register • Status: List of Sections Affected

  14. Final Observations • Any reason to ever use free Internet sources? Yes: PDF (44 CFR 9.18) • Guide to acronyms? Yes, at the Regulatory Information Service • Shortcuts? Yes: Westlaw Topical Materials by Area of Practice & LexisNexis Area of Law by Topic

  15. Administrative Decisions • Quasi-judicial decisions affecting individual parties • Judicial review determined by law • Multiple sources: print, Internet, LMC Digital, LexisNexis & Westlaw

  16. Administrative Law Research Cheryl Nyberg June 23, 2004 Administrative Law Research

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