Federal
Administrative Law
The law concerning the
powers and procedures of administrative agencies, including the
law governing judicial review of administrative action. An administrative
agency is a governmental authority, other than a court or legislative
body, that affects the rights of private parties through either
adjudication, rulemaking, investigating, prosecuting, negotiating,
settling, or informally acting.
Administrative Agencies
- Created by an enabling
statute
- To provide close
supervision of an industry or set of practices
- To handle large
volumes of particulary complex cases
- When significant
scientific or other expertise in a field is needed
Administrative Powers
- Delegated by Congress
- Types of Actions by
Federal Agencies
- Rules or Regulations
- Statements
designed to implementation, interpret, or prescribe law
or policy
- Orders
- Describe final
dispositions of agency matters
- Licenses
- Includes permits,
certificates, or other forms of permission
- Advisory Opinions
- Advice regarding
contemplated action. Authoritative interpretations of
statutes and regulations, although not binding.
- Decisions
- Adjudications
of controversies arising from violation or interpretation
of statutes, regulations or rules.
Administrative Research
Goals
- Enabling Statute that
created the Agency
- Agency Information
- Rules, regulations,
decisions or other agency documents
Federal Regulations
Historical Background
- Panama Refining Case
- Federal Register
- 1936
- Chronological
publication of all regulations
- Code of Federal Regulations
- 1939
- Regulations organized
by subject
- Administrative Procedure
Act
- 1946
- Public participation
in rulemaking process
- Freedom of Information
Act
- 1966
- Agencies required
to publish information on employees, rules, and policies in
Federal Registar
- Sunshine Act
- 1976
- Agencies required
to publish notice of meetings in Federal Register
- Regulatory Flexibility
Act
- 1980
- Agencies required
to publish agenda regarding proposed rules
Sources of Federal
Regulations
- Federal Register
- Code of Federal Regulations
- Regulations no longer
in force
- Looseleaf Services
- Topical Services
- Better Indexed
- Other Feature
- Commercial Databases
- Lexis
- CFR - GENFED
CFR
- FRF - GENFED
FEDREG
- GFR and FR
- GENFED ALLREG
- Westlaw
- CFR - CFR
- FR - FR
- FR Table of
Contents - FR - TOC
- Archived CFR
- CFRYY back through 1984
- Reg Tracking
- St and Fed - REGTRK
- Reg Tracking
- Fed - US-REGTRK
- Admin Law
Rev Texts and Periodicals - AD-TP
Updating Regulations
- Using CFR and FR
- Step One
- List of CFR
Sections Affected (LSA)
- Cumulates
monthly
- Check only
most recent pamphlet
- Step Two
- Federal Register
CFR Parts Affected
- Check last
issue of every month not covered in LSA
- Step Three
- Check Federal
Register sections found in steps 1 and 2 for revised language
- Using Lexis or Westlaw
- Lexis Shepard's CFR
Citations OR
- Westlaw KeyCite CFR Citations
Strategy for Researching
Regulations
- Check CFR Index
- Read applicable
regulations
- Check list of applicable
regulations in List of Sections Affected
- Cumulates every
month
- Check most recent
pamphlet
- Check CFR Parts
Affected
- Found in last
issue of FR each month
- Check every
month subsequent to LSA pamphlet
- Read applicable
FR sections
- Check Shepard's
CFR Citations
- Cases, Law Reviews,
and ALRs that cite the regulation
Congressional
Research Service Report for Congress
Tracking Current Federal Legislation and Regulations: A Guide
to Resources
Information
about Federal Agencies
Online
Print- Federal Regulatory
Directory
- Federal Yellow Book
Administrative Decisions
- Contact Agency
- Unofficial Sources
- Westlaw
- Directory > US Federal Materials > Federal Administrative Decisions
- Federal Administrative Materials All (FADMIN-ALL)
- Individual Administrative Decision Databases & Looseleaf Databases for topics such as: IP, Antitrust, Government Contracts, Food, Health, Trade, Energy, Labor & Employment, Transportation, Environmental, and Securities.
- Updating
- Selected Sources
of United States Agency Decisions
- 16 Gov't Publications
Rev. 271 (1989)
- by Veronica
Maclay
- Sources for
decisions of 33 agencies
Presidential
Documents
- Title 3 of CFR
- Executive Orders
and Proclamations
- Reorganization
Plans
- Messages to
Congress
- Executive Agreements
- The official publication
of presidential statements, messages, remarks, and other materials
(such as signing statements) released by the White House Press
Secretary.
- Weekly Compilation
of Presidential Documents
- White
House
Colorado
Administrative Sources
- Code of Colorado Regulations
- Official Publisher
- Westlaw Database
- Unofficial Print Publisher
(Colorado Administrative Code)
- Update: KeyCite
- Colorado Register
- Unofficial Print Publisher
(Colorado Administrative Code)
- Commercial Electronic Regulation Tracking
- Westlaw Regulation
Tracking - CO-REGTRK
- Lexis Regulation
Tracking - COLO-CORGTR
- State Administrative
Agencies
- State Administrative Decisions
- Westlaw
- Directory > US State Materials > Colorado > Administrative and Executive Materials
- Decisions include: Environmental, Securities, Tax and Workers' Comp
Administrative
Information for Other States
Opinions
of the Attorney General and Office of Legal Counsel
Colorado
Attorney General Opinions
- Formal Opinions
- Question by Executive
Director of Agency
- Usually statutory
interpretation
- Print
- KFC2240.A55
- from 1890
- 1966
- Microfiche
- from 1967
to present
- Online
- Rule Opinions
- Question by Board
Member of Agency
- Usually interpretation
of existing or proposed rules and regulations
- Microfiche
- Print
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