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Administrative Law Background and finding tools

PPLR - Administrative Law

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Administrative law presentation for Pennsylvania Practice-Oriented Legal Research Program.

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  • 1. Background and finding tools

2. The body of law created by administrative agencies to accomplish their mission This includes: Rules Regulations Orders Decisions 3. Laws passed by the legislature are general The legislature does not have the expertise required 4. Substantive: power to carry out the legislative purpose of the law Quasi-legislative or rulemaking activity These regulations look similar to statutes and have the power of law Appeals before agency boards Procedural: creating of rules that govern an agencys actions and conduct before agency boards. 5. Notice of proposed rulemaking Public comment Final rule published 6. Final regulations are published in the Pa Code www.pacode.com Titles organized by agency Proposed and final regulations with other agency documents initially published in the Pa Bulletin Published weekly www. pabulletin.com 7. Similar to Pa and other states Final rules published in CFR Proposed and final rules & other agency and presidential docs published in Federal Register http://www.gpo.gov/fdsys/ http://www.ecfr.gov/cgi- bin/ECFR?page=browse Tracking: www.regulations.gov 8. Pennsylvania Dept. of Labor & Industry Unemployment compensation Workers compensation Liquor Control Board Public Utility Commission Federal Social Security Admin USCIS Veterans Admin 9. Print versions Currency? Finding tools? Copy of Pa Code finding tools found in closed reserve. Online versions Official? Databases Reliability? Agency websites Accuracy? Opinions Secondary resources Consumer protection websites 10. Because searching code can be difficult Secondary source topic- specific Practice notes Lead to primary source 11. Cases & books will often cite to the appropriate admin. reg. 12. Code sections Forms How to guides FAQs 13. CFR Section Form & Instructions 14. Consult: Secondary source Agency website PaLawHelp.org Database 15. PBI Steps for filing Five common objections Appealing boards determination Pa Code citations Etc. 16. Strategies and advice for administrative hearings! 17. Consult: Agency website Secondary source Pa Code & Statutes PaLawHelp.org 18. Practice notes are helpful and lead to primary law. 19. Library databases Loislaw Fed & State admin code Govt sights just as good BNA Tax & Accounting Center Govt websites pacode.com ecfr.gov Agency websites Pa agency directory Fed agency directory