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Administrative Law Research Cheryl Nyberg June 23, 2004 Administrative Law Research.

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Presentation on theme: "Administrative Law Research Cheryl Nyberg June 23, 2004 Administrative Law Research."— Presentation transcript:

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 Parallel Systems Federal Code of Federal Regulations Federal Register Washington Washington Administrative Code Washington State Register

4 Example: Speed of Ketchup Statutory authority: 21 U.S.C. § 34121 U.S.C. § 341 Regulation: 21 C.F.R. 155.19421 C.F.R. 155.194 History Final rule: 48 Fed. Reg. 395648 Fed. Reg. 3956 Proposed rule: 43 Fed. Reg. 1986443 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 Agency websitesFirstgov 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: USCAUSCA 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 AccessCFR on GPO Access Browse text Note currency, Authority & Source With citation, try e- CFRe- 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 Agendathe Unified Agenda Proposed rules: the Federal Registerthe Federal Register Proposed rules: Final rules & summary of comments: the Federal Registerthe Federal Register Status: List of Sections AffectedList of Sections Affected

14 Final Observations Any reason to ever use free Internet sources? Yes: PDF (44 CFR 9.18)44 CFR 9.18 Guide to acronyms? Yes, at the Regulatory Information ServiceRegulatory 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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