Administrative Law

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Administrative Law

• The law concerning the powers and procedures of
  administrative agencies.

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Authority

• Administrative agencies are
• delegated authority in two
• ways
• 1.Congress delegates authority by statute.
• 2.The President delegates authority by executive
  order.

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Federal Executive Agencies
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An agency by any other name

• Division
• Board
• Commission
• Bureau
• Authority
• Office
• Department

EPA Building, Washington, D.C.
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Agency functions may include,but are not limited
too.

• Promulgating regulations
• Adjudicating disputes
• Issuing Orders
• Issuing Decisions
• Issuing Advisory Opinions IRS
• Inspecting -- FDA
• Investigating FBI
• Prosecuting Justice Department
• Negotiating NLRA
• Settling EEOC
• Gathering data Census

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Agencies have two main functions

• 1. Promulgate regulations
• Proposed rulemakings
• Final rulemaking
• 2. Adjudicate disputes

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Finding Regulations

• Prior to 1936, there was no official source for
  publishing regulations and rules. There was no
  way to determine if a proposed action was
  prohibited by an agency. Until
• Panama Refining Co. v. Ryan 293 U.S. 388 (1935)

An oil refinery
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This case triggered the following statutes.

• Administrative Procedure Act (1946)
• You have the right to view all proposed and final
  rules!
• Freedom of Information Act (FOIA) (1966)
• Agencies disclose information, including who to
  ask!
• Government in Sunshine Act (1976)
• Agencies must publish notices of meetings.
• Regulatory Flexibility Act (1980)
• Agencies publish semi-annual agendas.

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Administrative Procedure Act (1946)

• Public has right to participate and comment
• Notices of proposed rulemaking must be published,
  at least once.
• Preamble (description of subject and issues
  involved) (1973) (1 C.F.R. pts. 1-22).
• Comments to proposed rules and answers to them
  are summarized in the preamble agencies submit
  their final and proposed rules with specific
  preamble heading material (1977) (1 C.F.R.
  18.12).
• eRulemaking at www.regulations.gov

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Sources of Federal Regulations

• Federal Register (F.R.)
• Code of Federal Regulations (C.F.R.)
• Looseleaf Services
• Electronic Sources

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Federal Register

• Created in 1935 with The Federal Register Act
• Began publication on March 14, 1936
• Is Published Daily
• Has continuous pagination
• Includes
• All regulations of general applicability and
  legal effect .
• Proposed Rules
• Presidential Documents
• Notices
• More
• Indexed daily, monthly, annually

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Code of Federal Regulations

• Congress provide for the systematic codification
  of and subject access to regulations in 1937.
  CFR was first published in 1938. But in 1967, CFR
  is issued annually in quarterly installments!
• Organized in 50 Titles that roughly correspond to
  USC
• Issued in different colors each year.
• All regulations for a particular agency are
  published together.
• No annotations

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1 C.F.R. 1.1 Definitions

• . . .
• Agency means each authority, whether or not
  within or subject to review by another agency, of
  the United States, other than the Congress, the
  courts, the District of Columbia, the
  Commonwealth of Puerto Rico, and the territories
  and possessions of the United States
• Document includes any Presidential proclamation
  or Executive order, and any rule, regulation,
  order, certificate, code of fair competition,
  license, notice, or similar instrument issued,
  prescribed, or promulgated by an agency
• Document having general applicability and legal
  effect means any document issued under proper
  authority prescribing a penalty or course of
  conduct, conferring a right, privilege,
  authority, or immunity, or imposing an
  obligation, and relevant or applicable to the
  general public, members of a class, or persons in
  a locality, as distinguished from named
  individuals or organizations . . .

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Electronic Research Resources

• Lexis www.lexis.com
• Westlaw www.westlaw.com
• GPOAccess www.gpoaccess.gov
• Regulations.gov www.regulations.gov

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Lets look at an example
Dolphin safe labeling standards The CFR gives
you the following - Authority 16 usc 1385 -
Source 61 FR 27794 - Regulations 50 CFR 216.90
et seq.
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Getting started With a known cite

• Begin with
• Secondary sources law review articles, etc.
• For example, read about Tuna Labeling.
• Code of Federal Regulations Find the entire
  regulation. The regulation will give you the
  citation to The Authority
• aka The Enabling Statute!
• Annotated Federal Code
• Find the Enabling statute. (This provides the
  legislative history line!)
• Find relevant Cases.
• Read the annotations for other ideas

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Getting started from scratch

• CFR Index and Finding Aids

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CFR Index and Finding Aids

• Index - Look up agency name or other research
  terms in the Index
• List of Agencies In the back of each CFR volume
  there is a list of agencies.
• Scan List of CFR Titles, Chapters, Subchapters
  and Parts, in the Index
• Parallel Table of Authorities and Rules
• This table will help you find regulations when
  you have a statute.
• Use Parallel Table of Authorities and Rules to
  look up enabling statute

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Update in the Federal Register

• Get date from front cover of CFR volume
• Most recent LSA (usually just one)
• Convert page number to FR date
• Federal Registers not covered by LSA
• Last issue for any month not covered by LSA
• Convert page number to FR date

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Agency Decisions

• Administrative Agencies have a quasi-judicial
  role and issue opinions.
• Each agency publishes in a different source.
• Many are printed by the GPO in official
  publications
• Some are found in unofficial publications

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How to find Agency decisions

• See Maclay, Selected Sources of U.S. Agency
  Decisions
• Blue Book, Table 1 has list of US Official
  Administrative Publications
• Annotated code
• Lexis or Westlaw
• Check the web
• www.lib.lsu.edu/gov/fedgov.html
• www.infoctr.edu/fwl
• http//www.gpoaccess.gov/index.html

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Sources of additional information on
Administrative Agencies

• The U.S. Government Manual available in print and
  online at www.gpoaccess.gov
• Federal Regulatory Directory
• Federal Agency Profiles for Students
• A Historical Guide to the U.S. Government
• Additional sources are listed on the handout.

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Judicial Review of Agency Decisions

• When an agency decision is appealed to the
  federal courts check,
• University of Virginias Law Library for
  information at
• www.law.virginia.edu

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Administrative Law

• Any questions?