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

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Presentation on theme: "Administrative Law Washington & Federal Cheryl Nyberg June 14, 2006."— Presentation transcript:

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

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

3 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

4 USDA regulates food safety SEC regulates securities EPA protects wetlands

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6 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)

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

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9 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

10 Merry-Go-Round

11 Research Techniques Annotated codes

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

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

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

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23 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

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

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


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