Administrative Law An Introduction to Administrative Law Resources

Undefined Term Unexpected Situation or Ambiguous Phrase Statute Fill Gaps with outside information The Big Picture

Gap Fillers for Statutes l Cases l Legislative History l Administrative Law Administrative Regulations Administrative Decisions

Administrative Process l Congress passes Enabling Act which creates agency and delegates the power to create and/or enforce regulations l Each agency possesses different powers as granted by its enabling act

Government Directories l U.S. Government Manual and Federal Regulatory Directory Contain Citations to enabling act Description of agency’s purpose and powers Phone numbers and addresses

Creating Regulations l Agency issues: Notice of Proposed Rulemaking with Request for Comments Proposed Rules with Request for Comments Final Rules with Response to Comments

Federal Register l Daily newspaper of the executive branch l Chronological listing of: Notices Proposed and Final Rules “Legislative history” of regulations Presidential documents of general applicability

Heading--contains: Name of Department Name of Agency or Agencies involved CFR parts affected by changes Agency docket numbers Action statement

Other preliminary information includes effective dates, comment deadlines, and contact names and addresses

The Federal Register publishes a detailed discussion of the action, including the agency’s response to comments. This is usually the only traceable “history” of regulations.

Following the detailed discussion, the agency publishes the text of new, proposed or amended regulations.

Code of Federal Regulations l Provides subject access to federal regulations l Republished annually in four parts l Includes: Current text of regulations of a general and permanent nature Citations for statutory authority Citations for administrative history

Citation: 8 CFR § (2004)

Table of Contents Text of Regulations

Authority statement contains U.S.C. sections under which these regulations were promulgated.

Source statement in brackets, sometimes after Authority statement, refers back to the Federal Register for the “history” of the regulations.

Finding Administrative Regulations

Indexes to the CFR l Official Index called CFR Index and Finding Aids

code of federal regulations CFR Index and Finding Aids Revised as of January 1, 2004

Adjustment of status of refugees and aliens granted asylum, 8 CFR 209

Use the Table of Contents to determine the relevant sections.

CFR Indexes l Official Index called CFR Index and Finding Aids l CIS Index to the Code of Federal Regulations

INDEX TO THE CODE OF FEDERAL REGULATIONS COVERAGE OF THE 2001 CODE OF FEDERAL REGULATIONS Subject Index A - D

POLITICAL ASYLUM--IMMIGRANT CLASSIFICATION Adjustment of Status of Refugees and Aliens Granted Asylum CFR 209

Other Finding Aids l Cases l Secondary Resources l United States Code Service and United States Code Annotated

Check the annotations section for cites to relevant CFR sections. This listing may not be complete but it will get you started in your research.

Researching Regulations Online l Available on Westlaw, Lexis, and the Internet (including e-CFR through National Archives) l Because of the specificity of most regulations, researching online may be an efficient research choice l Use the Table of Contents features on Westlaw and Lexis l You MUST check the currency of online resources

Updating Regulations

Steps for Updating Regulations 1 Find CFR section

8 CFR § 209.1

Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision

code of federal regulations Aliens and Nationality 8 Revised as of January 1, 2004 CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JANUARY 1, 2004 Title Page

Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on [Note coverage]

code of federal regulations L S A List of CFR Sections Affected December 2004 Title Changes January 2, 2004 through December 30, 2004 Title Changes April 1, 2004 through December 30, 2004 Title Changes July 2, 2004 through December 30, 2004 Title Changes October 1, 2003 through December 30, 2004 LSA cumulates the changes since each CFR title was last republished. Title Page

209 Duplicated and transferred to Chapter V, Part Title 8

If the agency has amended the regulation recently, you will have to incorporate the new language into the CFR text.

Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on [Note coverage] 4 Check Last Month’s and Current List of C.F.R. Parts Affected on

Steps for Updating Regulations 5 Shepardize or KeyCite CFR Citations to determine how cases have dealt with you CFR section

Federal Administrative Decisions

Administrative Decisions l Most federal agencies do write formal opinions to explain their decisions

Agency Decisions may be published in: l Official Reporters (See Bluebook, pp ) l Loose-leaf Services Publications geared toward practitioners which, in addition to publishing cases, publish relevant statutes, regulations, commentary, etc. l Westlaw, Lexis Often in Topical databases l Internet

Citations

“Shepardizing” Agency Decisions l United States Administrative Citations l Topical Shepard’s Citators Shepard’s Labor Citations Shepard’s Tax Citations l Lexis l Westlaw (KeyCite)

Presidential Documents

Types of Presidential Documents l Proclamations l Executive Orders

Proclamations are policy announcements issued to the nation.

Executive orders are generally instructions to government officials.

Publication of Presidential Documents l Federal Register l Title 3 of the Code of Federal Regulations l Weekly Compilation of Presidential Documents l Westlaw, Lexis, and the Internet

Shepard’s Citators l Presidential Documents can also be Shepardized using the Shepard’s Code of Federal Regulations Citations

Final Comment l SAVE THIS HANDOUT!!!