ADMINISTRATIVE LAW

What is Admin. Law? Rulemaking Process Finding Rules & Regs Updating Decisions & Other Agency Documents CFR & Fed. Reg.

Judicial Branch Legislative Branch Statutes Executive Branch Cases Agency Regs, Decisions, Executive Orders, etc.

How Many Federal Agencies Are There? 10 Pages of this!

Congress or State Legislature delegates power to agencies Introduction to Regulations Enabling Act ◦ Agency can’t exceed authority APA, 5 U.S.C. §§ 551 et seq. ◦ Agencies must follow certain procedures

Congress or State Legislature delegates power to agencies Agency issues regulations Introduction to Regulations

Congress or State Legislature delegates power to agencies Agency issues regulations Regulations have the force of law Introduction to Regulations

Rulemaking

Federal Register Published daily – except for weekends & holidays Includes: ◦ Notices ◦ Proposed Regs ◦ Final Regs ◦ Presidential Documents ◦ Policy Statements, some guidance documents ◦ Readers’ Aids for tracking rules

Recognizing a Federal Register Citation 75 Fed. Reg. 81,849 (Dec. 29, 2010). Vol. Source Page # Issue date

Code of Federal Regulations Subject arrangement of regulations that started in 1938 Updated once a year on a quarterly basis 50 C.F.R. titles with each assigned to a federal agency (Does NOT necessarily correspond to US Code titles)

Recognizing a CFR Citation 7 C.F.R. § (2011). Title Source Section Revision date Part

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Analyze Problem, Ask Questions Secondary Sources Common Law or Statutory Law? Common Law Read cases referenced in Secondary Sources Use topic & key numbers to find cases Statutory Use Annotated Code Update code with pocket part and Legislative Service Shepardize/KeyCite cases, statutes, regs, adjudications Read material cited If ambiguous & little / no case law, legislative history Read Administrative Regulations, update regulations, consult adjudications STOP! Same information coming up again and again Where Administrative Law Falls in the Research Process

How to Handle an Administrative Law Question:

Background – US Gov’t Manual

DOL:

Exemptions to Overtime

How to Handle an Administrative Law Question Background Statute: 29 USC § 201 et seq. Regulation: 29 CFR pt. 541 Cases & Adjudications?

Treatise FLSA Employee Exemption Handbook

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Finding Regulations When You Have a Statute Parallel Table of Authorities and Rules ◦ print CFR Index, Hein Online CFR Index, FDsys USCA / USCS Reference ◦ Print or Lexis / Westlaw Lexis / Westlaw keyword searching ◦ Lexis: Authority segment ◦ Westlaw: CR field Looseleaf / Databases (CCH, BNA)

Parallel Table of Authorities & Rules

USCA / USCS Reference

Field / Segment Search CR(29 /3 213)

Field / Segment Search

Authority(29 /3 213)

Field / Segment Search

Finding Regulations by Topic CFR Index (NARA) ◦ Print ◦ Hein Online

Finding Regulations by Topic

RegulationsPlus Index

Updating Check currency of source E-CFR Federal Register

Currency Remember – titles revised on a schedule Currency = July 2011

Currency

Currency

Currency

Currency

Currency

Updating

Updating

Updating

Updating

Updating CFR Part Fed. Reg. page # No change for 29 C.F.R. pt. 541

KeyCiting

Shepardizing

Shepardizing

Finding Cases Shepards KeyCite RegulationsPlus on Westlaw West Annotated print

Annotated C.F.R. in Print To find annotations (cases, secondary links) for C.F.R. sections use: West published annotated versions of Titles 8, 29, 42 Selected titles are reprinted and annotated in subject-specific services (Tax, health, environment, FDA, FCC)

RegulationsPlus

RegulationsPlus

RegulationsPlus

Judicial Review To Court of Appeals if statute provides for appeal To District Court if there is no provision for appeal Decision by Presiding Officer, Commissioner, or ALJ Appeal to higher entity within the Agency: Exhaustion of Agency Remedies Original Jurisdiction by District Court By statute Agency is plaintiff Federal question Mandamus action AGENCY ACTIONS COURT ACTIONS CONTROVERSY

Administration Adjudications & Decisions Often not precedential – no stare decisis Not binding on any court (but often given great deference) Print Sources: Majority not published as standalone decisions in print Loose-leaf services and topical services may have admin. Decisions, ex: Federal Securities Law Reporter

Administration Adjudications & Decisions Check the agency’s website: Check agency website

Administration Adjudications & Decisions

Administration Adjudications & Decisions Agency websites are all different! ◦ Look for decisions under:  Legal  FOIA  Laws  Library  Enforcement  Interpretations  Litigation

Administrative Adjudications & Decisions Check Lexis

Administrative Adjudications & Decisions Check Westlaw

Administrative Adjudications & Decisions Check Loose-leaf / Databases like CCH

Administrative Adjudications & Decisions Check Loose-leaf / Databases like BNA

State Regulations Most states have a state register (but not necessarily published daily) Most states also have an administrative code See

State Codes & Registers

Ohio

Ohio

Kentucky

Ohio - Lexis

Kentucky - Lexis

Ohio - Westlaw 1 2

Ohio is default 1 st folder for Ohio students Kentucky students should look under Other US States

Ohio – Westlaw

Ohio - Westlaw

Kentucky - Westlaw Same as steps for Ohio only Kentucky is default 1 st folder for Kentucky students, Ohio students should look under Other US States

Presidential Documents Executive Orders Executive Proclamations Executive Statements Treaty Signatory Veto

Sources of Presidential Documents Weekly compilation of Presidential Documents Papers of the Presidents sets Messages of the Presidents USCCAN Federal Register CFR title 3

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