Administrative Law Research Ann Hemmens University of Washington Law Library Legal Analysis February 28, 2005

Highly Regulated Society Banking (FDIC, OCC) Environment (EPA) Health (HCFA, FDA) Labor Law (NLRB, OSHA) Tax (IRS) Securities (SEC) Utilities (FCC, FERC)

U.S. Legal System Federalism two levels of government (federal and state) Separation of powers ensure that none of 3 branches of government usurps powers of other branches

Organization of Federal & State Governments Constitution Legislative Statutes Stat., USC RCW Judicial Cases US, Fed 3d P3d, Wash. Executive Regulations Administrative Decisions FR, CFR WAC

How do Sources of Law Interact? Court interprets a statute An earlier court decision is overruled by same court Legislature writes statute in response to a case Agency proposed rules in response to statute.

Administrative Law What is it? Rules, regulations, and decisions created by administrative agencies (federal and state). Which agency covers a specific subject area? U.S. Government Manual Procedural Standards? Administrative Procedure Act (APA) (5 USC §551 et seq.). Notice of proposed rule Comment period Final rule & response to comments

Authorization by Statute The Secretary shall by regulation... Determine whether any species is an endangered species or a threatened species because of... (A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation USC § 1533

Code of Federal Regulations (CFR) Rules & regulations in force Published annually Index & finding tables

Federal Register (FR) Daily Proposed regs New regs Presidential documents Executive orders Proclamations

Crystal Ball Semiannual Regulatory Agenda Federal Register Apr & Oct

5 Ways to Find Regulations? 1. Agency Website 2. Code of Federal Regulations Index (last volume of CFR & USCS) 3. Federal Register Index 4. Annotated Codes United States Code Annotated (USCA) United States Code Service (USCS)

How to Find Regulations? Cont’d 5. Secondary Sources 1. Treatises & Hornbooks 2. Legal Encyclopedias (AmJur & CJS) 3. Law Reviews 4. Annotations (ALR Fed) 5. Government Documents 6. Books (search law library catalog)

Updating Regulations CFR Date on cover List of Sections Affected (LSA) Most recent monthly issue Federal Register Last day of prior month(s) under “List of CFR Parts Affected” Federal Register Last day of current month under “List of CFR Parts Affected”

Administrative Decisions Where are they published? Cohen, Berring & Olson, How to Find the Law, Appendix D websites