Administrative Law Research By Carol Furnish, Chase Law Library

Administrative Law Stream of Information UnderlyingLegislationAgency Rules Regulations Judicial Decisions Use Agency Web Site

Federal + State Agencies Government agencies have the authority to implement, manage and administer laws. Government agencies have the authority to implement, manage and administer laws. The rules issued by agencies are law ; they carry the same weight as legislation, executive orders, or judicial decisions. The rules issued by agencies are law ; they carry the same weight as legislation, executive orders, or judicial decisions. From - Rulemaking: How Government Agencies Write Law and Make Policy

Parallel Systems Federal Code of Federal Regulations Code of Federal Regulations Updated by: Updated by: Federal Register Federal RegisterKentucky  Kentucky Administrative Regulations  Updated by: Administrative Administrative Register of Kentucky Register of Kentucky Ohio  Ohio Administrative Code  Updated by: Ohio Monthly Record Check your Bluebook if you forget this!

Administrative Materials President / Governor Executive Orders and Proclamations President / Governor Executive Orders and Proclamations Agencies Agencies Rules and Regulation Announcements + Policy Statements Interpretations of Rules Administrative Decisions

Rules & Regulations Rules & Regulations Implement a statute Implement a statute Under specific & general legislative authority Under specific & general legislative authority Have the force of law Have the force of law

Code of Federal Regulations  Codification of regulations  50 Titles arranged by subject  Revised each year  CFR includes an authority note and source note  Available in print, web, WL + LN

Code of Federal Regulations Authority and Source Notes Authority note: Authority note:  Cites the statute or executive order which authorized the agency to promulgate rule Source note: Source note:  Provides the citation to the Federal Register where the final regulation appeared

Federal Register Published daily, Monday to Friday Published daily, Monday to Friday Proposed and Final Regulations Proposed and Final Regulations Read summary section for reasoning and authority for the regulation Read summary section for reasoning and authority for the regulation Contact information Contact information Effective dates Effective dates

e-CFR + Regulations.gov e-CFR updated version of CFR with Federal Register revisions. e-CFR updated version of CFR with Federal Register revisions.  Includes CFR material and Federal Register amendments  Includes CFR material and Federal Register amendments  Final Regulations  e-CFR updated within 1 to 3 days  Updating faster than WL, LN or print Regulations.gov used to find, view and send comments. Regulations.gov used to find, view and send comments.  Proposed Regulations

e-CFR e-CFR is easy to use e-CFR is easy to use Not the official legal edition of CFR Not the official legal edition of CFR Locate your CFR and FR citations in e-CFR then go to the GPO Access web site. Locate your CFR and FR citations in e-CFR then go to the GPO Access web site. You will need to cite to the “official source” and the GPO web site is accepted by the courts. You will need to cite to the “official source” and the GPO web site is accepted by the courts.

e-CFR Not Official

Official

Regulatory Sources 1. Proposed Rules: Regulations.gov Federal Register Agency Web Site 2. Final Rules: e-CFR Federal Register Agency Web Site 3. The Unified Agenda: (Spring & Fall – Federal Register) Agency’s plans for regulatory activities Used to identify priorities Agency’s plans for regulatory activities Used to identify priorities

Observations Save money and use free sources Save money and use free sources  Agency web site  e-CFR  Regulations.gov To find commentary about a regulation To find commentary about a regulation  Looseleaf services or databases  Topical materials via WL + LN  Trade & business news

Flammable Fabrics Search in the US Code Search in the US Code “flammable fabrics” Browse Table of Contents Browse Table of Contents 15 USCA Chapter USCA Chapter 25 CFR citations at the end of each section CFR citations at the end of each section Consumer Product Safety Commission Consumer Product Safety Commission 16 CFR  1602 to 1633

View the Statute Westlaw Search: USCA Phrase Search: “flammable fabrics” Links to: 15 USCA § 1191 Browse: TOC TOC

e-cfr Sample Search 16 CFR § 1610

Statutes Help You Identify the agency implementing the law Identify the agency implementing the law Provide citations to CFR within the text Provide citations to CFR within the text Index and Finding Aids to Code of Federal Regulations – United States Code Service Index and Finding Aids to Code of Federal Regulations – United States Code Service CFR Index CFR Index Table - USC to CFR Table - USC to CFR Table - Executive Orders to CFR Table - Executive Orders to CFR Table - CFR to USC Table - CFR to USC

Finding New Regulations News News Professional/Trade Journals Professional/Trade Journals Agency’s Web Site Agency’s Web Site Federal Register Federal Register  Government FR web site offers daily TOC  Search full text on FR web site, Westlaw + Lexis  Federal Register - Print Index Regulations.gov Regulations.gov  Proposed regulations

Updating a Regulation? Use e-CFR - 1 to 3 days lag time Use e-CFR - 1 to 3 days lag time Update using (LSA) List of CFR Parts Affected Today + Current List of CFR Parts Affected. Update using (LSA) List of CFR Parts Affected Today + Current List of CFR Parts Affected.  LSA – Tables listing proposed, new, and amended Federal regulations that have been published in the Federal Register. Pgs. in FR

Shepard’s and KeyCite Find cases that cite your regulation Find cases that cite your regulation See if the regulation was found Void, Valid, Constitutional or Unconstitutional See if the regulation was found Void, Valid, Constitutional or Unconstitutional Locate secondary sources that cite your regulation Locate secondary sources that cite your regulation

Retro Research Hein Online CFR CFR Coverage: 1949 to 2008 Coverage: 1949 to 2008 Federal Register Federal Register Coverage: 1936 to 2008 Coverage: 1936 to 2008  Offers search aids for retrospective research.

Administrative Decisions Quasi-judicial decisions Quasi-judicial decisions Judicial review determined by law Judicial review determined by law Federal Agency Decisions available: Federal Agency Decisions available:  Print, Agency web site, LN + WL  University of Virginia Administrative Decisions Web Site

Who Regulates What? U.S. Government Manual U.S. Government Manual (online & print) Federal Regulatory Directory (print) Federal Regulatory Directory (print) Federal Government Agencies – Web Site by Louisiana State Libraries Federal Government Agencies – Web Site by Louisiana State Libraries Agency Web Site or USA.gov Agency Web Site or USA.gov

Kentucky & Ohio Admin. Sources

Kentucky Kentucky Administrative Regulations Kentucky Administrative Regulations  Available in print, LRC web site, WL + LN  Final regulations  Organized by Title, Chapter, and Section 808 KAR 9:010  Updated by Administrative Register of Kentucky

Kentucky Administrative Register of Kentucky Administrative Register of Kentucky  Published monthly  Includes: New regulations Notices of proposed regulations Regulatory impact analysis Use KY Legislative Research Commission Web Site or Print Use KY Legislative Research Commission Web Site or Print Print use Cumulative Table in the latest issue to update your research!

Kentucky Kentucky Administrative Law Print guide to: Kentucky Administrative Law Print guide to: Administrative Procedures + Open Records Acts Administrative Procedures + Open Records Acts Administrative Hearings + Procedures Administrative Hearings + Procedures Emergency Orders Emergency Orders Location: Open Reserve Location: Open Reserve

Kentucky Attorney General Kentucky Attorney General  Services: Pre-Hearing Conferences Rules on Motions Conducts Hearings Issues Final Orders Pre-Hearing Conferences Rules on Motions Conducts Hearings Issues Final Orders  Conduct administrative hearings for government boards and agencies  Provide opinions to the general public on significant issues

Kentucky Attorney General Opinions (OAGs) are persuasive authority, and public officials are expected to follow them Opinions (OAGs) are persuasive authority, and public officials are expected to follow them OAGs may be cited in all Kentucky OAGs may be cited in all Kentucky

Kentucky Attorney General OAG - Office of the Attorney General Opinions (1992 – present) on the web site. OAG - Office of the Attorney General Opinions (1992 – present) on the web site. Print KY Attorney General Opinions are in library (1960 – present). Print KY Attorney General Opinions are in library (1960 – present). Informal letters to public officials are not published. Informal letters to public officials are not published.

Ohio Ohio Administrative Code Ohio Administrative Code  Baldwin’s Ohio Administrative Code (Print)  LAWriter’s Ohio Administrative Code (Online) Volume 17 Ohio Administrative Code Volume 17 Ohio Administrative Code o Agency Directory o Overview agency powers + rulemaking o Administrative adjudication hearing process

Ohio Ohio Administrative Code (OAC) Ohio Administrative Code (OAC) Print: Baldwin’s OAC Print: Baldwin’s OAC Online: Online:  WL + LN with annotations  LAWriter version from State web site (un-annotated) Print Updating: Print Updating:  Annual supplements  Ohio Monthly Record – proposed rules, notices + final regulations Web Updating: Web Updating:  Register of Ohio – public notice of proposed rules, browse recently adopted rules + proposed rules. Updated weekly!

Ohio Attorney General Legal advice to state departments Legal advice to state departments Represents state officers and boards in suits in connection with their official duties Represents state officers and boards in suits in connection with their official duties Serves as legal counsel for state agencies that hold license suspension or revocation hearings Serves as legal counsel for state agencies that hold license suspension or revocation hearings

Ohio Attorney General Formal Opinions Process No opinions issued to private citizens No opinions issued to private citizens Process begins when a written request is submitted to the Attorney General Process begins when a written request is submitted to the Attorney General A summary of the request is published in the Ohio State Bar Association Report and posted on the Ohio Attorney General’s web site A summary of the request is published in the Ohio State Bar Association Report and posted on the Ohio Attorney General’s web site

Ohio Attorney General Formal Opinions Process Opinion published in the Ohio Attorney General Opinions (annual publication) Opinion published in the Ohio Attorney General Opinions (annual publication) Opinion posted on the Attorney General’s web site Opinion posted on the Attorney General’s web site Formal opinions are issued generally within 90 days of docketing Formal opinions are issued generally within 90 days of docketing

Ohio Attorney General Issues formal opinions Issues formal opinions OH Attorney General's web site posts formal opinions issued ( present) OH Attorney General's web site posts formal opinions issued ( present) Chase Law Library offers print OAG opinions (1910 – present) Chase Law Library offers print OAG opinions (1910 – present)

In Class Assignment Payday Loans KY or OH

Research Issue – Payday Loans Find KY or OH laws on payday loans Find KY or OH laws on payday loans Find agencies which regulate the business Describe the procedures for one of the following: Obtain a license File a complaint Deny or remove license etc. Deny or remove license etc. SEARCH TERMS - payday loans; short term loans; fast cash loans; check cashing business

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