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Administrative Law

Administrative Law. A. What is Admin. Law?. Rulemaking Process. B. CFR & Fed. Reg. C. Finding Rules & Regs. D. Updating. E. Decisions & Other Agency Documents. F. Executive Branch. Legislative Branch. Judicial Branch. Agency Regs , Decisions, Executive Orders, etc. Cases.

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Administrative Law

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  1. Administrative Law

  2. A What is Admin. Law? Rulemaking Process B CFR & Fed. Reg. C Finding Rules & Regs D Updating E Decisions & Other Agency Documents F

  3. Executive Branch Legislative Branch Judicial Branch Agency Regs, Decisions, Executive Orders, etc. Cases Statutes

  4. How Many Federal Agencies Are There? 10 Pages of this!

  5. Introduction to Regulations • Enabling Act • Agency can’t exceed authority • APA, 5 U.S.C. §§ 551 et seq. • Agencies must follow certain procedures Congress or State Legislature delegates power to agencies

  6. Introduction to Regulations Congress or State Legislature delegates power to agencies Agency issues regulations

  7. Introduction to Regulations Congress or State Legislature delegates power to agencies Agency issues regulations Regulations have the force of law

  8. Rulemaking

  9. Federal Register • Published daily – except for weekends & holidays • Includes: • Notices • Proposed Regs • Final Regs • Presidential Documents • Policy Statements, some guidance documents • Readers’ Aids for tracking rules

  10. Recognizing a Federal Register Citation 75 Fed. Reg. 81,849 (Dec. 29, 2010). Issue date Source Page # Vol.

  11. Code of Federal Regulations • Subject arrangement of regulations that started in 1938 • Updated once a year on a quarterly basis • 50 C.F.R. titles with each assigned to a federal agency (Does NOT necessarily correspond to US Code titles)

  12. Recognizing a CFR Citation 7 C.F.R. § 73.609 (2011). Part Revision date Source Title Section

  13. How to Handle an Administrative Law Question Axcan Pharma is being sued by some of its Drug Sales Representatives (DSRs) who want to collect overtime. Do they fall within any of the FLSA exemptions regarding overtime? ACK!!! Big Cheese Hire me please!

  14. How to Handle an Administrative Law Question I learned about this in boot camp! • Step 1: Hire me please!

  15. Analyze Problem, Ask Questions Where Administrative Law Falls in the Research Process Secondary Sources Common Law or Statutory Law? Common Law Read cases referenced in Secondary Sources Use topic & key numbers to find cases Statutory Use Annotated Code Update code with pocket part and Legislative Service If ambiguous & little / no case law, legislative history Shepardize/KeyCite cases, statutes, regs, adjudications Read material cited Read Administrative Regulations, update regulations, consult adjudications STOP! Same information coming up again and again

  16. How to Handle an Administrative Law Question:

  17. Background – US Gov’t Manual

  18. Background – US Gov’t Manual

  19. DOL: http://www.dol.gov

  20. Exemptions to Overtime

  21. How to Handle an Administrative Law Question • Background • Statute: 29 USC § 201 et seq. • Regulation: 29 CFR pt. 541 • Cases & Adjudications?

  22. FLSA Employee Exemption Handbook Treatise

  23. How to Handle an Administrative Law Question Wow, that wasn’t so bad! Hire me please!

  24. Finding Regulations When You Have a Statute • Parallel Table of Authorities and Rules • print CFR Index, Hein Online CFR Index, FDsys • USCA / USCS Reference • Print or Lexis / Westlaw • Lexis / Westlaw keyword searching • Lexis: Authority segment • Westlaw: CR field • Looseleaf / Databases (CCH, BNA)

  25. Parallel Table of Authorities & Rules

  26. Parallel Table of Authorities & Rules

  27. Parallel Table of Authorities & Rules

  28. Parallel Table of Authorities & Rules

  29. USCA / USCS Reference

  30. USCA / USCS Reference

  31. USCA / USCS Reference

  32. USCA / USCS Reference

  33. USCA / USCS Reference

  34. USCA / USCS Reference

  35. Field / Segment Search CR(29 /3 213)

  36. Field / Segment Search

  37. Field / Segment Search Authority(29 /3 213)

  38. Field / Segment Search

  39. Finding Regulations by Topic • CFR Index (NARA) • Print • Hein Online

  40. Finding Regulations by Topic

  41. Finding Regulations by Topic

  42. Finding Regulations by Topic

  43. Finding Regulations by Topic

  44. Finding Regulations by Topic

  45. Finding Regulations by Topic

  46. RegulationsPlus Index

  47. RegulationsPlus Index

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