Administrative Law Washington & Federal Cheryl Nyberg June 14, 2006.

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Presentation transcript:

Administrative Law Washington & Federal Cheryl Nyberg June 14, 2006

What Is Administrative Law? Two-Headed 1.Rules & regulations are quasi-legislative 2.Decisions & orders are quasi-judicial

Rules & Regulations Issued by executive branch & independent agencies Issued by executive branch & independent agencies Under statutory authority (specific or general) Under statutory authority (specific or general) Have the force of law Have the force of law

USDA regulates food safety SEC regulates securities EPA protects wetlands

Organic Foods Production Act Regulations Not later than 540 days after November 28, 1990, the Secretary shall issue proposed regulations to carry out this chapter. 7 U.S. Code §6521(a) 7 U.S. Code §6521(a)

Delegation Congress writes a law delegating to The Secretary of Agriculture the responsibility to write regulations

Administrative Appeals The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary... that-- (1) adversely affects such person; or (2) is inconsistent with the organic certification program.... A final decision of the Secretary... may be appealed to the United States district court... in which such person is located. 7 U.S. Code § 6520

Merry-Go-Round

Research Techniques Annotated codes

Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw

Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic)

Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic) Agency websites

Free Internet Sources - US Code of Federal Regulations E-CFR Federal Register Unified Agenda Government Manual Proposed regulations open for comment Links to federal agency decisions, orders & guidance documents

Free Internet Sources - WA Combined Revised Code of WA & WA Admin. Code Links to agency decisions & orders

Administrative Law Washington & Federal Handout US administrative law research guide WA administrative law research guide