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Administrative Law Washington & Federal Cheryl Nyberg June 14, 2006
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What Is Administrative Law? Two-Headed 1.Rules & regulations are quasi-legislative 2.Decisions & orders are quasi-judicial
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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
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USDA regulates food safety SEC regulates securities EPA protects wetlands
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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)
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Delegation Congress writes a law delegating to The Secretary of Agriculture the responsibility to write regulations
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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
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Merry-Go-Round
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Research Techniques Annotated codes
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Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw
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Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic)
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Research Techniques Annotated codes Topical / practice databases on LexisNexis & Westlaw Looseleaf services & online counterparts (BNA, RIA & Securities Mosaic) Agency websites
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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
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Free Internet Sources - WA Combined Revised Code of WA & WA Admin. Code Links to agency decisions & orders
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Administrative Law Washington & Federal Handout US administrative law research guide WA administrative law research guide
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