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Understanding Administrative Law in Washington and Federal Contexts

This comprehensive handout by Cheryl Nyberg explores the significance of administrative law, including its rules and regulations, quasi-legislative and quasi-judicial processes, and examples from various agencies such as the National Labor Relations Board, Environmental Protection Agency, and more. It discusses shortcuts for navigating administrative law, emphasizing the importance of compliance with regulations and administrative decisions akin to statutes. Ideal for students and professionals seeking clarity on administrative law in both Washington State and federal frameworks.

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Understanding Administrative Law in Washington and Federal Contexts

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  1. Administrative Law Washington & Federal Cheryl Nyberg handout

  2. Administrative Law • What is administrative law? • Why is administrative law important? • Where are the shortcuts?

  3. What? Two-Headed • Rules & regulations are quasi-legislative • Decisions & orders are quasi-judicial

  4. What? • Issued by executive branch & independent agencies • Under statutory authority (specific or general) • Having the force of law

  5. Rules & Regulations • National Labor Relations Board • 29 U.S.C. § 156 • 29 C.F.R. Parts 100, 101, etc. • WA Dep’t of Ecology • RCW §43.21C.120 • WAC 173-802 & 197-11

  6. Administrative Decisions • Environmental Protection Agency Records of Decisions • Federal Trade Commission advisory opinions & orders • WA Environmental Hearings Office decisions • WA Public Employment Relations Commission decisions

  7. Other Examples • Agriculture (USDA, WA Dep’t of Ag.) • Banking & securities (FDIC, SEC, WA Dep’t of Financial Institutions) • Health & medicine (DHHS, CMS, WA Health Care Authority) • Insurance (WA Insurance Commissioner) • Taxation (IRS, WA Dep’t of Revenue)

  8. The Force of Law Clients are bound by regulations & administrative decisions in the same way that they are bound by statutes & judicial opinions.

  9. Shortcuts • Agency websites (WA Ins.) • Annotated codes (print & online) • U.S.C.A. on Westlaw, 29 U.S.C.A. §655 • Combined database searches • WA Legislature’s search page • Looseleaf services & treatises • BNA’s Labor & Employment Law Library • WL & LX topical & area of practice

  10. Federal Code of Federal Regulations (CFR) E-CFR Federal Register (FR) Washington State Washington Administrative Code (WAC) Washington State Register Primary Sources

  11. Agency email lists BNA & other newsletters Regulations.gov LexisNexis ECLIPSE RegAlert (all 50 states) Westlaw KeyCite Alert WestClip Monitor Changes

  12. Bonus Round • The Unified Agenda (aka, Semiannual Regulatory Agenda) • RegInfo.gov • Abbreviations • FR / CFR online tutorial

  13. Questions

  14. Administrative Law Washington & Federal Cheryl Nyberg handout

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