Administrative Law
Fourth Branch of
Government?
Legislative - makes the laws
Executive - power to enforce and
implement the laws
Judicial - resolve disputes under the laws
Where do administrative agencies fit in?
Agencies Have Power To:
promulgate regulations
adjudicate cases
prosecute regulatory violations
conduct studies
inspect private entities or operations
Two Types of Agencies
executive branch, e.g., Dept. of Defense,
Dept. of Justice, Dept. of Transportation
Dept. of Transportation -- Federal Aviation
Administration, Federal Transit Administration,
Federal Highway Administration, US Coast
Guard . . . . .
independent agencies, e.g., Securities and
Exchange Commission, Equal Employment
Opportunity Commission, Nuclear
Regulatory Commission. . . . .
Enabling Statute
Identifies agency goals
Identifies agency activities
Two Types of Documents
Rules and Regulations (statutory); aimed
at groups of people, entities, or situations.
Decisions and Orders (case law); aimed at
specific people, entity, or situation.
Why are Regulations
Proposed?
enabling statute requires agency to
address the topic
public pressure or petitions
agency studies have identified area(s) of
concern
How is a Regulation
Created?
Legislative Regulations
Notice and Comment Rulemaking
Formal Rulemaking
Hybrid Rulemaking Process
Interpretive Regulations - often informal
Federal Register Contains
presidential documents (executive orders,
presidential proclamations)
new regulations
proposed regulations
Sunshine Act meetings
Other notices
Comparison
Federal Register
(agency regulations)
Statutes at Large
(sessions laws)
Code of Federal
Regulations (codified
regulations)
United States Code
(codified laws)
Washington counterparts:
Washington Register
and WAC
CFR Index - Possible
Listings
“labor” -- nothing
“agriculture” -- nothing
“migrant labor” -- work protection 29 CFR
500
“wages” -- migrant 29 CFR 500
29 CFR 500.81 organized by
(title/chapter/part/section/paragraph)
Title 29 - Labor
Subtitle B - Regulations relating to Labor
Chapter V - Wage and Hour Division
Subchapter A - Regulations
Part 500 - Migrant and Seasonal Worker
Protection
Subpart C - Worker Protection
Section 81 - Payment of Wages When
Due
Updating Federal
Regulations
Check when volume last updated
Consult List of Sections Affected (LSA)
Update LSA using Reader Aids in Federal
Register; check month-end issues for
months not covered by LSA
Consult most recent issue of Federal
Register
Updating Sequence
 Date of CFR volume - July 1, 2000

 Date of latest LSA - December 2000

 Month-end issues of Federal Register not covered by the
LSA (January/February/March/April, 2000)

 Most recent issue of Federal Register (May 15, 2000)
29 CFR 500.81 organized by
(title/chapter/part/section/paragraph)
Title 29 - Labor
Subtitle B - Regulations relating to Labor
Chapter V - Wage and Hour Division
Subchapter A - Regulations
Part 500 - Migrant and Seasonal Worker
Protection
Subpart C - Worker Protection
Section 81 - Payment of Wages When
Due
Updating the WAC
Is there a volume supplement?
Consult Washington State Register yearend Table of WAC Sections Affected in the
second issue in January (cumulative for
the previous year)
Table of WAC Sections Affected in latest
Washington State Register(cumulates up
to that date)
WAC - Possible Subject
Headings
“migrant” -- nothing
“farm workers” -- nothing
“wages” -- nothing
“labor -- agricultural employees” -ch. 296-131
“agricultural pay” -- ch. 296-131
“agriculture & marketing -- agricultural
employees -- employment standards” -ch. 296-131
WAC 296-131-010 organized
by title/chapter/section
Title 296 - Dept. of Labor and Industries
Chapter 131 - Agricultural Employment
Standards
Section 010 - Payment Interval
Washington State
Administrative Decisions
Need Information on agencies? Try Administrative Law Practice Manual
Washington State Yearbook
Washington Home Page
CD-LAW
LEXIS/WESTLAW
Washington Legal Research Deskbook,
ch. 4
Good Luck on Your
Summer Research!!!