Published on March 7, 2014
Regulations & Administrative Law Heather Simmons
Regulations Regulations are everywhere, there is no avoiding them Critical aspect of Legal Research The first 50 pages of the owners manual of your new car are about seat belts Ladders are covered in warning labels Take Administrative Law Employers complain that new law grads can’t tell the different between a statute and a regulation
Regulations “Delegated” legislation – Agencies typically get their power from Congress Agencies refer to their DELEGATED LEGISLATION by Public Law citation not USC citation “section 105 of The Act.” Example: section 105 of the act: Pub. L. No. 107-204, § 105 = 15 USC § 7215
Regulations Alphabet Agencies CPSC EPA FDA IRS NHTSA NTSB NASA OSHA
Agency Powers Agency powers reflect the three branches of government Rulemaking (Legislative) Adjudicatory (Judicial) Enforcement (Executive) Different agencies have different combinations of powers depending on what they need to accomplish
Regulations The United States Government Manual http://www.usgovernmentmanual.gov/ The United States Government Manual is the official handbook of the Federal Government. This special edition of the Federal Register is currently updated to provide comprehensive and authoritative descriptions of the programs and activities of the legislative, judicial, and executive branches. The Government Manual also includes information about quasi-official agencies, international organizations with U.S. membership, and Federal boards, commissions, and committees.
Regulations Statutes are enacted, Regulations are promulgated AUTHORITY The legislation granting the agency the power to do what it is doing (Delegated Legislation) SOURCE Citation to the Federal Register where this final regulation first appeared
Org Chart Exercise Statutes & Regulations
7 CFR Subtitle A (1–1–13 Edition)
The Lifecycle of a Regulation NOTICE & COMMENT Hearings & Meetings Proposed Regulation – invitation to comment Publication in the Federal Register: Notice of Proposed Rule Making (NPRM) COMMENT PERIOD CLOSES (DANGER!) Revised Proposed Regulation – Summary of Comments Full comments available in the agency’s docket Final Regulation Published in the Federal Register, and codified in the next edition of the Code of Federal Regulations
The Lifecycle of a Regulation: NPRM Proposed Regulation Final Regulation Comment Period Comment Period Revised Proposed Regulation Legend Notice Comment
Regulations What is the Federal Register? http://www.youtube.com/watch?v=jDIUrEmaDFE The daily publication of the agencies of the Federal Government, it contains: Notices Proposed Rules* & Comments Final Rules Presidential Documents A Notice of Proposed Rule Making will always list a name and phone number of the person to contact for more information *Warning: Proposed Rules look exactly like Final Rules, except that it says “Proposed Rules” at the top of the page
Daily Publication of the Federal Government
Proposed Regulations: The Federal Register Page: Volume:
Federal Register Exercise Find today’s Federal Register Look at the Table of Contents Select a proposed regulation When does the comment period close? Locate the link to the .pdf file and open it
Regulations What is the Code of Federal Regulations? An annual compilation of final Rules arranged into 50 titles roughly corresponding to the US Code Published on a quarterly schedule Titles 1-16 Titles 17-27 Titles 28-41 Titles 42-50 January 1 April 1 July 1 October 1 Rules change all the time, so updating is critical List of Sections Affected (LSA) Check all the way up to this morning’s Federal Register for changes
Code of Federal Regulations FDSys CFR About the Code of Federal Regulations (annual edition). Only access here is TOC Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code Great place to start if you have a citation Select the Year It’s only February, so there’s no point choosing 20014 Keep clicking on the + and drill down until you see the one you want
Regulations eCFR http://www.ecfr.gov SIMPLE Search is the only method that searches the FULL TEXT While every effort has been made to ensure that the e-CFR is accurate, those relying on it for legal research should verify their results against the official editions of the CFR, FEDERAL REGISTER, and List of CFR Sections Affected (LSA), all available online at www.fdsys.gov. Of the three online commercial platforms, BloombergLaw has the most up-to-date CFR, but LEXIS and Westlaw do a better job of indicating proposed regulations are pending
Final Regulations: The Code of Federal Regulations eCFR Table of Contents
Regulations Updating in PRINT LIST OF SECTIONS AFFECTED (LSA) Find the most recent issue – December 2013 Inside the front cover it will tell you about your title Title 42-50 Changes October 1, 2013 – December 31, 2013 FEDERAL REGISTER Last issue of each month since June January 31, 2014 and February 26, 2014 (today) List of Sections Affected during [month]
Regulations Updating in ONLINE www.regulations.gov OR www.federalregister.gov
Federal Register Exercise Update this Regulation: NHTSA Federal Motor Vehicle Safety Standard 213 49 C.F.R. § 571.213
Executive Orders The President has authority to make law on matters of government business Executive Orders Have the force of law – – Truman desegregated the Army in 1948 Ford pardoned Nixon Executive Order 13526- Classified National Security Information http://www.whitehouse.gov/the-press-office/executive-order-classifiednational-security-information Proclamations Law Day, 2013 http://www.whitehouse.gov/the-press-office/2013/04/30/presidentialproclamation-law-day-2013
Legal Citation Basic Model Volume | Source | Page (Year) Federal Register: Vol. F.R. Page (Month Date, Year) 52 F.R. 49386 (December 31, 1987) Code of Federal Regulations: Title C.F.R. Part (1954) 7 C.F.R. § 800.0 (2013) Classified National Security Information, Executive Order No. 13526 3 C.F.R. § 298 (2009)
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