ADMINISTRATIVE LAW Researching Agency Rules and Decisions ~~~~~ Bridge the Legal Research Gap Sarah Hollingsworth June 19, 2003

Where We’re Going Basics of Administrative Law Federal Agency Rules Federal Agency Decisions State Agency Rules and Decisions Helpful Hints Summary

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BASICS OF ADMINISTRATIVE LAW

Agencies Defined Creations of the legislature Authorized to carry out specific duties: –Issue rules and regulations –Adjudicate claims and disputes –Enforce and administer machinery of government

Two Types of Agencies Executive –May not act independently of executive –Head serves at pleasure of executive Independent –May act independently –Head appointed by executive and serves for fixed term

Department of Agriculture - Agricultural Research Service - Farm Service Agency - Forest Service -Rural Development Source: pics/farm.gifwww.gmi.edu/~jhuggins/ pics/farm.gif

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Department of Interior -Fish & Wildlife Service - Geological Survey - National Park Service - Bureau of Indian Affairs - Bureau of Land Management -Bureau of Reclamation

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Multiple Levels FEDERALSTATELOCAL Banking (FDIC)Liquor Control Board Division of Animal Control Labor (NLRB, OSHA) Board of Governors of the State Bar Parks & Recreation Department Tax (IRS)Gambling Commission City Planning Department Environment (EPA) Fish & Wildlife Commission Examiner of Floating Homes

Governing Laws Federal Register Act of 1935, 44 U.S.C. §§ 1501 et seq. (2000) Administrative Procedure Act of 1946 (APA), 5 U.S.C. §§ 551 et seq. (2000) –§ 553 Rulemaking –§ 554 Adjudications

Charles Evans Hughes _____________ Chief Justice, United States Supreme Court 1930 – 1941 Source:

“Whatever the cause of the failure to give appropriate public notice of the change in the sections, with the result that the persons affected, the prosecuting authorities, and the courts, were alike ignorant of the alteration, the fact is that the attack in this respect was upon a provision which did not exist.” Source: Panama Refining Co. v. Ryan, 293 U.S. 388, (1935) Source:

1946 Administrative Procedure Act 1936 Federal Register Act

FEDERAL AGENCY RULES

Publication of Agency Rules Federal Register Code of Federal Regulations

FR: Purpose Centralized publication of key agency documents Daily newspaper of the executive branch Published daily (federal working days) since March 14, 1936 Purpose---“To eliminate the problem of secret law“ (Cervase v. Office of the Federal Register, 580 F.2d 1166, 1171 (1978))

FR: Organization Overall issues---chronological arrangement –like Statutes at Large Individual issues---”section” arrangement RegulationsPresidential Documents Proposed RulesCorrections NoticesReader Aids

FR: Indexing Cumulates quarterly Annual index in December edition Indexed by agency and topic

FR: Online Resources LexisNexis---FEDREG ( ) Westlaw---FR ( ) Internet---GPO Access ( )

Codification of... General and permanent rules and regulations... Currently in force.

CFR: Organization 50 titles (200+ volumes) Re-published annually (quarterly installments) Title 3---Presidential Documents

CFR: Numbering System 21 C.F.R. § Title 21Food and Drugs Chapter 1Food and Drug Admin., Dept. of Human Services Subchapter BFood for Human Consumption Part 102Nonstandardized Foods Section Potato Chips Made From Dried Potatoes

CFR: Indexes CFR Index and Finding Aids CIS Index to the Code of Federal Regulations

CFR: Online Resources LexisNexis & Westlaw (CFR) -Within two weeks of publication Internet---GPO Access - NARA’s eCFR -

CFR: Updating CHECK FOR RULE CHANGES Check date of CFR volume you are using Revised as of April 1, 2002 Date of latest LSAFebruary, 2003 Month-end issues of FR not covered by the LSA March 31, 2003 April 30, 2003 May 30, 2003 Most recent issue of FRJune 18, 2003 CHECK FOR JUDICIAL TREATMENT

FEDERAL AGENCY DECISIONS

Agency Decisions (Print) Finding names of official reporters -Bluebook, pp Appendix D in Cohen, Berring & Olson’s, How to Find the Law Finding bound series of decisions Loose-leaf services (BNA, RIA, CCH)

Agency Decisions (Online) Westlaw -FADMIN-ALL LexisNexis -FEDAGN GPO Access - University of Virginia -

Updating Agency Decisions United States Administrative Citations Topical Shepard's Citators –Shepard's Labor Law Citations –Shepard's Federal Tax Citator –Shepard’s Intellectual Property Law Citations –Shepard’s Federal Energy Law Citations Westlaw (KeyCite) and LexisNexis (Shepard’s)

STATE AGENCY RULES AND DECISIONS

Washington: Print Resources Rules –Washington State Register –Washington Administrative Code (WAC) Decisions –Ch. 5 in Washington Legal Researcher’s Deskbook

Washington: Online Resources LexisNexis (STREGS) –WAC and State Register Westlaw (WA-ADC) –WAC Municipal Research & Services Center –

Other States BNA’s Directory of State Administrative Codes and Registers Westlaw –Administrative Codes – Individual States LexisNexis –STREGS

HELPFUL HINTS

Looseleafs Provide one or more: –One-stop shopping –Full text of relevant statutes and regs –Commentary –Helpful references to other relevant sources Legal Looseleafs in Print Diving in

Parallels Statutes at Large » Federal Register » Washington State Register United States Code » Code of Federal Regulations » Washington Administrative Code

Two Gallagher Shortcuts Research Guide on Administrative Law Research – Washington Legal Researcher’s Deskbook –Ch. 3: Fundamentals (pp ) –Ch. 5: Administrative Materials & Decisions)

WHERE WE’VE BEEN Overview of Administrative Law & History Federal Agency Rules Federal Agency Decisions State Agency Rules and Decisions Helpful Hints

GOOD LUCK THIS SUMMER!