Administrative Law Research
(Federal and Washington State)
Bridge the Legal Research Gap
May 20, 2009
Ann Hemmens
University of Washington Gallagher Law Library
Outline
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What is Administrative Law?
Federal Agency Rules & Decisions
Washington State Agency Rules & Decisions
Starting Points for Your Research
Which Branch of Government?
Constitution
Legislative
Judicial
Executive
Statutes
Cases
Regulations
Administrative
Decisions
Stat. & USC
RCW
US & Fed 3d
P3d & Wash.
CFR & FR
WAC & WSR
Agencies
• Types:
– Executive
• Dept. of Agriculture
• Dept. of Commerce –-- National Oceanic and Atmospheric Administration
(NOAA); U.S. Patent & Trademark Office (PTO)
• Dept. of Health & Human Services –-- Centers for Disease Control and
Prevention; Food and Drug Administration
– Independent
• Environmental Protection Agency
• Federal Communications Commission
• National Aeronautics and Space Administration
• Authorized to carry out specific duties:
– Issue rules and regulations in specific subject area
– Enforce those rules
– Adjudicate claims and disputes under those rules
Agency Authorized by Statute to Issue
Regulations
Congress writes a statute
[published in U.S. Code], which
may include a
Congressional Findings
section explaining why
they created new law, and
delegates
to an agency the
responsibility for writing
the regulations [published in
the Code of Federal Regulations]
implementing the law.
EXAMPLE: Organic Foods Production Act
Not later than 540 days after November 28,
1990, the Secretary shall issue proposed
regulations to carry out this chapter.
7 U.S. Code §6521(a)
Organic Production and Handling
System Plan, 7 C.F.R. § 205.200 (2009)
Administrative Appeals Process
The agency must create a
process for citizens to
appeal decisions . .
The Secretary shall establish an expedited administrative
appeals procedure under which persons may appeal an
action of the Secretary . . . that—
(1) adversely affects such person; or
(2) is inconsistent with the organic certification program
....
A final decision of the Secretary . . . may be appealed to the
United States district court . . . in which such person is
located.
7 U.S. Code § 6520
Decisions of the Secretary of
Agriculture are published in
Agriculture Decisions –
Arthur Harvey, 62 Agric. Dec. 621 (2003)
Code of Federal Regulations (C.F.R.)
• Current regulations and
Presidential documents (in Title 3)
• 50 titles (200+ volumes)
• Published annually
• Index & finding tables
• Available on Westlaw, Lexis, GPO
Access website
FTC Credit Practices Rule,
16 C.F.R. § 444.1 (2008).
Update the C.F.R. with . . .
the Federal Register (F.R.)
• Published daily
• Includes:
– proposed and new regs
– Presidential documents
• Executive orders
• Proclamations
• Available on Westlaw, Lexis, GPO
Access website
Asylum and Withholding Definitions,
65 Fed. Reg. 76,588-89 (proposed Dec.
7, 2000) (to be codified at 8 C.F.R. pt.
208)
Finding Federal Regulations
(1)
Annotated U.S. Code (U.S.C.A. or U.S.C.S.)
Finding Federal Regulations
(1) Annotated U.S. Code (U.S.C.A. or U.S.C.S.)
(2) Topical/Practice Area databases on Lexis and
Westlaw
Finding Federal Regulations
(1) Annotated U.S. Code (U.S.C.A. or U.S.C.S.)
(2) Topical/Practice Area databases on Lexis and
Westlaw
(3) Looseleaf publications in print/online
(e.g., BNA publications & RIA Checkpoint)
BNA
Environment
& Safety
Database
Finding Federal Regulations
(1) Annotated U.S. Code (U.S.C.A. or U.S.C.S.)
(2) Topical/Practice Area databases on Lexis and
Westlaw
(3) Looseleaf publications in print/online (e.g.,
BNA publications and RIA Checkpoint)
(4) Agency websites
Immigration Regs on Agency Website
Finding Federal Regulations
(1) Annotated U.S. Code (U.S.C.A. or U.S.C.S.)
(2) Topical/Practice Area databases on Lexis and
Westlaw
(3) Looseleaf publications in print/online (e.g., BNA
publications and RIA Checkpoint)
(4) Agency websites
(5) C.F.R. Index
(1) At end of set of C.F.R. volumes
(2) “CFR Index” volume of the U.S.C.S.
(3) West's CFR: General Index (KF70 A34). On Westlaw
as “RegulationsPlus: Index” within CFR database.
Washington State Administrative Law
WA State agencies, departments, commissions and boards.
Responsibilities can include: issue regulations in specific subject area,
enforce rules, adjudicate disputes.
• Office of Administrative
Hearings
• Growth Management
Hearings Board
Department of Agriculture
Department of Ecology
Liquor Control Board
Board of Pharmacy
• Gambling Commission
• Transportation Commission
Example: Organic Food Grower in WA
The WA statute: Organic Food Products Act RCW 15.86
RCW 15.86.065
State organic program — Authority of department — Rules.
The department is authorized to take such actions, conduct proceedings, and
enter orders as permitted or contemplated for a state organic program
under the federal organic food production act of 1990, 7 U.S.C. Sec. 6501
et seq., and the rules adopted thereunder. The state organic program shall
not be inconsistent with the requirements of 7 U.S.C. Sec. 6501 et seq. and
the rules adopted thereunder, including 7 C.F.R. Sec. 205.668. The
department shall adopt rules necessary to implement this section.
[2002 c 220 § 7.]
Example: Organic Food Grower in WA
The WA regulations:
Organic Food Standards and Certification,
WAC 16-157 (2009).
WAC = Washington Administrative Code
Contains current state regulations
Washington
Administrative Code
Chapter 16-157
EXAMPLE: New Rule in Washington State Register
WSR 09-09-131 PERMANENT RULES
DEPARTMENT OF ECOLOGY
[ Order 07-16 -- Filed April 22, 2009, 11:22 a.m. , effective May 23, 2009 ]
Purpose: The purpose of chapter 173-345 WAC, Recyclable materials -- Transporter and facility
requirements, is to require transporters of recyclable material to register with ecology, transport
recyclable materials only to locations where recycling occurs, and keep records of all activities for
two years. In addition, these new rules require recycling facilities to notify ecology of their
existence thirty days before operation commences (ninety days for existing facilities). The
adopted rule will incorporate language that prescribes penalties for noncompliance of up to
$1,000 per violation.
Statutory Authority for Adoption: Chapter 70.95 RCW and RCW 70.95.400 - [70.95.]430.
Adopted under notice filed as WSR 08-22-100 on November 5, 2008.
NEW SECTION
WAC 173-345-010 Authority and purpose. The purpose of this chapter is to establish minimum
standards for the transportation of recyclable materials; establish notice and reporting
standards for recycling facilities and material recovery facilities (MRFs); ensure that recyclable
materials are not delivered for disposal; establish penalties for transporters of recyclable
materials, recycling facilities, and material recovery facilities (MRFs) that do not meet the
standards of this chapter.
WA compared to US
Enabling Statute found in
Revised Code of Washington
(RCW)
Implementing
Rules/Regulations found in
Washington Administrative
Code (WAC)
Proposed and new regulations
found in Washington State
Register (WSR)
Enabling Statute found in
United States Code (USC)
Implementing
Rules/Regulations found in
Code of Federal
Regulations (CFR)
Proposed and new regulations
found in Federal Register
(FR)
Finding Washington Regulations
(1) Annotated Statutory Code (RCWA or ARCW)
(2) Washington Administrative Code
– Index (in last volume of set)
– WAC available on Westlaw, Lexis, WA Legislature
website
Finding Washington Regulations
(3) Practice Materials
– Washington Practice; WA Administrative Law
Practice Manual
– Deskbooks & more: WA Insurance Law; WA State
Environmental Policy Act; WA State & Local Tax
Deskbook
– Where? In Library, on Westlaw or Lexis or Loislaw
(4) Agency Websites
– list of agencies on AccessWA,
http://access.wa.gov/
ACCESS WA website
List of AGENCIES
WA State Employment
Security Department
Regulations
Statutes
Decisions
Remember:
Your Starting Points for Administrative
Research
• U.S. Administrative Law Research Guide,
http://lib.law.washington.edu/ref/adminus.html
• Washington State Administrative Law
Research Guide,
http://lib.law.washington.edu/ref/admin.html
University of Washington Gallagher Law Library
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