Regulations & Administrative Law

Heather Simmons

Regulations

Regulations are everywhere, there is no avoiding them The first 50 pages of the owners manual of your new

car are about seat belts Ladders are covered in warning labels

Critical aspect of Legal Research 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: NPRMProposed Regulatio

n

Comment Period

Revised Proposed Regulatio

n

Comment Period

Final Regulatio

n

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

https://www.federalregister.gov/articles/2013/06/25/2013-14367/passenger-vessels-accessibility-guidelines https://www.facebook.com/#!/

FederalRegister

Proposed Regulations: The Federal Register

Page: Volume:

http://www.gpo.gov/fdsys/pkg/FR-2013-06-25/pdf/2013-14367.pdf https://www.federalregister.gov/articles/2013/06/25/2013-14367/passenger-vessels-accessibility-guidelines

Federal Register Exercise

Find today’s Federal RegisterLook at the Table of Contents

Select a proposed regulationWhen does the comment period close?Locate the link to the .pdf file and open it

RegulationsWhat 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 January 1 Titles 17-27 April 1 Titles 28-41 July 1 Titles 42-50 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). Parallel

Table of Authorities and Rules for the Code of Federal Regulations and the United States Code

Only access here is TOC 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

www.ecfr.gov

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

Regulations www.eCFR.gov

Final Regulations:The Code of Federal Regulations

eCFRTable 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 OrdersThe President has authority to make law on matters of

government businessExecutive Orders Have the force of law

– Truman desegregated the Army in 1948– Ford pardoned Nixon

Executive Order 13526- Classified National Security Informationhttp://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information

ProclamationsLaw Day, 2013http://www.whitehouse.gov/the-press-office/2013/04/30/presidential-proclamation-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)