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Administrative Law Research

Administrative Law Research. Cheryl Nyberg June 23, 2004 Administrative Law Research. Rules & Regulations. Issued by executive branch & independent agencies Under specific & general legislative authority Procedural & substantive Make authoritative requirements Implement a statute

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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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