Transcript Federal Regulations

Administrative
Law
Research
By Carol Furnish, Chase Law Library
Administrative Law
Stream of Information
Use Agency
Web Site
Underlying
Legislation
Agency
Rules
Regulations
Judicial
Decisions
Federal + State Agencies
Government agencies have the authority to
implement, manage and administer laws.
 The rules issued by agencies are law;
they carry the same weight as legislation,
executive orders, or judicial decisions.

From - Rulemaking: How Government
Agencies Write Law and Make Policy
Parallel Systems
Kentucky
Code of Federal  Kentucky
Administrative
Regulations
Regulations
Updated by:
 Updated by:
Federal Register
Administrative
Register of
Kentucky
Federal


Ohio
 Ohio
Administrative
Code
 Updated by:
Ohio Monthly
Record
Check your Bluebook if you forget this!
Administrative Materials
 President
/ Governor
Executive Orders and Proclamations
 Agencies
Rules and Regulation
Announcements + Policy Statements
Interpretations of Rules
Administrative Decisions
Rules & Regulations

Implement a statute

Under specific & general
legislative authority

Have the force of law
Code of Federal Regulations
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Codification of regulations
50 Titles arranged by subject
Revised each year
CFR includes an authority note and
source note
Available in print, web, WL + LN
Code of Federal Regulations
Authority and Source Notes

Authority note:
 Cites the statute or executive order which
authorized the agency to promulgate rule

Source note:
 Provides the citation to the Federal Register
where the final regulation appeared
Federal Register

Published daily, Monday to Friday

Proposed and Final Regulations

Read summary section for reasoning and
authority for the regulation

Contact information

Effective dates
e-CFR + Regulations.gov

e-CFR updated version of CFR with Federal
Register revisions.

Includes CFR material and Federal Register amendments

Final Regulations

e-CFR updated within 1 to 3 days
Updating faster than WL, LN or print


Regulations.gov used to find, view and send
comments.

Proposed Regulations
e-CFR




e-CFR is easy to use
Not the official legal edition of CFR
Locate your CFR and FR citations in
e-CFR then go to the GPO Access web
site.
You will need to cite to the “official
source” and the GPO web site is accepted
by the courts.
e-CFR
Not Official
Official
Official
Regulatory Sources
1. Proposed Rules:
Regulations.gov
Federal Register
Agency Web Site
2. Final Rules:
e-CFR
Federal Register
Agency Web Site
3. The Unified Agenda:
(Spring & Fall – Federal Register)
Agency’s plans for regulatory activities
Used to identify priorities
Observations

Save money and use free sources

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
Agency web site
e-CFR
Regulations.gov
To find commentary about a regulation

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Looseleaf services or databases
Topical materials via WL + LN
Trade & business news
Finding New Regulations
News
 Professional/Trade Journals
 Agency’s Web Site
 Federal Register

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Government FR web site offers daily TOC
Search full text on FR web site, Westlaw + Lexis
Federal Register - Print Index
Regulations.gov

Proposed regulations
Updating a Regulation?

Use e-CFR - 1 to 3 days lag time

Update using (LSA) List of CFR Parts Affected
Today + Current List of CFR Parts Affected.

LSA – Tables listing proposed, new, and amended
Federal regulations that have been published in the
Federal Register.
Pgs. in FR
Shepard’s and KeyCite

Find cases that cite your regulation

See if the regulation was found Void,
Valid, Constitutional or Unconstitutional

Locate secondary sources that cite your
regulation
Retro Research
Hein Online

CFR
Coverage: 1949 to 2008

Federal Register
Coverage: 1936 to 2008

Offers search aids for retrospective
research.
Administrative Decisions

Quasi-judicial decisions

Judicial review determined by law

Federal Agency Decisions available:
 Print, Agency web site, LN + WL
 University of Virginia Administrative Decisions
Web Site
Kentucky
&
Ohio
Admin.
Sources
Kentucky

Kentucky Administrative Regulations
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Available in print, LRC web site, WL + LN
Final regulations
Organized by Title, Chapter, and Section
808 KAR 9:010

Updated by Administrative Register of
Kentucky
Kentucky

Administrative Register of Kentucky

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
Published monthly
Includes:
New regulations
Notices of proposed regulations
Regulatory impact analysis
Use KY Legislative Research
Commission Web Site or Print
Print use Cumulative Table in the
latest issue to update your research!
Kentucky

Kentucky Administrative Law
Print guide to:
Administrative Procedures + Open Records Acts
Administrative Hearings + Procedures
Emergency Orders
 Location: Open Reserve
Kentucky Attorney General

Services:
Pre-Hearing Conferences
Rules on Motions
Conducts Hearings
Issues Final Orders

Conduct administrative hearings for
government boards and agencies

Provide opinions to the general public on
significant issues
Kentucky Attorney General

Opinions (OAGs) are persuasive
authority, and public officials are
expected to follow them
 OAGs
may be cited in all Kentucky
courts!@
Kentucky Attorney General

OAG - Office of the Attorney General Opinions
(1992 – present) on the web site.

Print KY Attorney General Opinions are in library
(1960 – present).

Informal letters to public officials are not
published.
Ohio

Ohio Administrative Code
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Baldwin’s Ohio Administrative Code (Print)
LAWriter’s Ohio Administrative Code (Online)
 Volume
17 Ohio Administrative Code
Agency Directory
o Overview agency powers + rulemaking
o Administrative adjudication hearing process
o
Ohio

Ohio Administrative Code (OAC)
Print: Baldwin’s OAC
 Online:
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Print Updating:
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WL + LN with annotations
LAWriter version from State web site (un-annotated)
Annual supplements
Ohio Monthly Record – proposed rules, notices + final
regulations
Web Updating:

Register of Ohio – public notice of proposed rules, browse
recently adopted rules + proposed rules.
Updated weekly!
Ohio Attorney General

Legal advice to state departments

Represents state officers and boards in suits in
connection with their official duties

Serves as legal counsel for state agencies that hold
license suspension or revocation hearings
Ohio Attorney General
Formal Opinions Process

No opinions issued to private citizens

Process begins when a written request is submitted
to the Attorney General

A summary of the request is published in the Ohio
State Bar Association Report and posted on the Ohio
Attorney General’s web site
Ohio Attorney General
Formal Opinions Process

Opinion published in the Ohio Attorney General
Opinions (annual publication)

Opinion posted on the Attorney General’s web site

Formal opinions are issued generally within 90 days
of docketing
Ohio Attorney General

Issues formal opinions

OH Attorney General's web site posts formal
opinions issued (1994 - present)

Chase Law Library offers print OAG opinions
(1910 – present)
In Class
Assignment
Payday
Loans
KY or OH
Research Issue – Payday Loans
Find KY or OH laws on payday loans
Find agencies which regulate the business
Describe the procedures for one of the
following:
Obtain a license
File a complaint
Deny or remove license etc.
SEARCH TERMS - payday loans; short term loans;
fast cash loans; check cashing business
THE
END!