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Administrative Law
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  1. Administrative Law Washington & Federal Cheryl Nyberg June 14, 2006

  2. What Is Administrative Law? Two-Headed • Rules & regulations are quasi-legislative • Decisions & orders are quasi-judicial

  3. Rules & Regulations • Issued by executive branch & independent agencies • Under statutory authority (specific or general) • Have the force of law

  4. USDA regulates food safety EPA protects wetlands SEC regulates securities

  5. Organic Foods Production Act Regulations Not later than 540 days after November 28, 1990, the Secretary shall issue proposed regulations to carry out this chapter. 7 U.S. Code §6521(a)

  6. Delegation Congress writes a law delegating to The Secretary of Agriculture the responsibility to write regulations

  7. Administrative Appeals The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary . . . that-- (1) adversely affects such person; or (2) is inconsistent with the organic certification program . . . . A final decision of the Secretary . . . may be appealed to the United States district court . . . in which such person is located. 7 U.S. Code § 6520

  8. Merry-Go-Round

  9. Research Techniques • Annotated codes

  10. Research Techniques • Annotated codes • Topical / practice databases on LexisNexis & Westlaw

  11. Research Techniques • Annotated codes • Topical / practice databases on LexisNexis & Westlaw • Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic)

  12. Research Techniques • Annotated codes • Topical / practice databases on LexisNexis & Westlaw • Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic) • Agency websites

  13. Code of Federal Regulations E-CFR Federal Register Unified Agenda Government Manual Proposed regulations open for comment Links to federal agency decisions, orders & guidance documents Free Internet Sources - US

  14. Free Internet Sources - WA Combined Revised Code of WA & WA Admin. Code Links to agency decisions & orders

  15. Questions

  16. Administrative Law Washington & Federal • Handout • US administrative law research guide • WA administrative law research guide