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Administrative Law An Introduction to Administrative Law Resources

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Administrative Law An Introduction to Administrative Law Resources Slide 2 Undefined Term Unexpected Situation or Ambiguous Phrase Statute Fill Gaps with outside information The Big Picture Slide 3 Gap Fillers for Statutes l Cases l Legislative History l Administrative Law Administrative Regulations Administrative Decisions Slide 4 Administrative Process l Congress passes Enabling Act which creates agency and delegates the power to create and/or enforce regulations l Each agency possesses different powers as granted by its enabling act Slide 5 Government Directories l U.S. Government Manual and Federal Regulatory Directory Contain Citations to enabling act Description of agencys purpose and powers Phone numbers and addresses Slide 6 Creating Regulations l Agency issues: Notice of Proposed Rulemaking with Request for Comments Proposed Rules with Request for Comments Final Rules with Response to Comments Slide 7 Federal Register l Daily newspaper of the executive branch l Chronological listing of: Notices Proposed and Final Rules Legislative history of regulations Presidential documents of general applicability Slide 8 Heading--contains: Name of Department Name of Agency or Agencies involved CFR parts affected by changes Agency docket numbers Action statement Slide 9 Other preliminary information includes effective dates, comment deadlines, and contact names and addresses Slide 10 The Federal Register publishes a detailed discussion of the action, including the agencys response to comments. This is usually the only traceable history of regulations. Slide 11 Following the detailed discussion, the agency publishes the text of new, proposed or amended regulations. Slide 12 Code of Federal Regulations l Provides subject access to federal regulations l Republished annually in four parts l Includes: Current text of regulations of a general and permanent nature Citations for statutory authority Citations for administrative history Slide 13 Citation: 8 CFR 209.1 (2004) Slide 14 Table of Contents Text of Regulations Slide 15 Authority statement contains U.S.C. sections under which these regulations were promulgated. Slide 16 Source statement in brackets, sometimes after Authority statement, refers back to the Federal Register for the history of the regulations. Slide 17 Finding Administrative Regulations Slide 18 Indexes to the CFR l Official Index called CFR Index and Finding Aids Slide 19 code of federal regulations CFR Index and Finding Aids Revised as of January 1, 2004 Slide 20 Adjustment of status of refugees and aliens granted asylum, 8 CFR 209 Slide 21 Use the Table of Contents to determine the relevant sections. Slide 22 CFR Indexes l Official Index called CFR Index and Finding Aids l CIS Index to the Code of Federal Regulations Slide 23 INDEX TO THE CODE OF FEDERAL REGULATIONS COVERAGE OF THE 2001 CODE OF FEDERAL REGULATIONS Subject Index A - D Slide 24 POLITICAL ASYLUM--IMMIGRANT CLASSIFICATION Adjustment of Status of Refugees and Aliens Granted Asylum........................................ 8 CFR 209 Slide 25 Other Finding Aids l Cases l Secondary Resources l United States Code Service and United States Code Annotated Slide 26 Check the annotations section for cites to relevant CFR sections. This listing may not be complete but it will get you started in your research. Slide 27 Researching Regulations Online l Available on Westlaw, Lexis, and the Internet (including e-CFR through National Archives) l Because of the specificity of most regulations, researching online may be an efficient research choice l Use the Table of Contents features on Westlaw and Lexis l You MUST check the currency of online resources Slide 28 Updating Regulations Slide 29 Steps for Updating Regulations 1 Find CFR section Slide 30 8 CFR 209.1 Slide 31 Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision Slide 32 code of federal regulations Aliens and Nationality 8 Revised as of January 1, 2004 CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JANUARY 1, 2004 Title Page Slide 33 Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage]www.gpoaccess.gov Slide 34 code of federal regulations L S A List of CFR Sections Affected December 2004 Title 1 - 16 Changes January 2, 2004 through December 30, 2004 Title 17 - 27 Changes April 1, 2004 through December 30, 2004 Title 28 - 41 Changes July 2, 2004 through December 30, 2004 Title 42 - 50 Changes October 1, 2003 through December 30, 2004 LSA cumulates the changes since each CFR title was last republished. Title Page Slide 35 209 Duplicated and transferred to Chapter V, Part 1209..... 9835 Title 8 Slide 36 If the agency has amended the regulation recently, you will have to incorporate the new language into the CFR text. Slide 37 Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage] www.gpoaccess.gov 4 Check Last Months and Current List of C.F.R. Parts Affected on www.gpoaccess.gov www.gpoaccess.gov Slide 38 Steps for Updating Regulations 5 Shepardize or KeyCite CFR Citations to determine how cases have dealt with you CFR section Slide 39 Federal Administrative Decisions Slide 40 Administrative Decisions l Most federal agencies do write formal opinions to explain their decisions Slide 41 Agency Decisions may be published in: l Official Reporters (See Bluebook, pp. 168-170) l Loose-leaf Services Publications geared toward practitioners which, in addition to publishing cases, publish relevant statutes, regulations, commentary, etc. l Westlaw, Lexis Often in Topical databases l Internet Slide 42 Citations Slide 43 Shepardizing Agency Decisions l United States Administrative Citations l Topical Shepards Citators Shepards Labor Citations Shepards Tax Citations l Lexis l Westlaw (KeyCite) Slide 44 Presidential Documents Slide 45 Types of Presidential Documents l Proclamations l Executive Orders Slide 46 Proclamations are policy announcements issued to the nation. Slide 47 Executive orders are generally instructions to government officials. Slide 48 Publication of Presidential Documents l Federal Register l Title 3 of the Code of Federal Regulations l Weekly Compilation of Presidential Documents l Westlaw, Lexis, and the Internet Slide 49 Shepards Citators l Presidential Documents can also be Shepardized using the Shepards Code of Federal Regulations Citations Slide 50 Final Comment l SAVE THIS HANDOUT!!!

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