Researching Regulations Regulations are law created by executive - PowerPoint PPT Presentation

Researching Regulations

Regulations are law created by executive branch agencies utilizing legislative power delegated to those agencies by Congress. How do I start regulatory research? What do I have to start with?

(1) If I have nothing nothing, find topical secondary sources (2) If I have regulation, look it up in WL/Lexis for annotations and secondary sources (3) Also check agency websites, research guides, etc. to identify and find sources for agency materials (manuals, guidance, administrative decisions)

Agencies are not always “Agencies” • Not all agencies are explicitly named as such. Agencies are sometimes called: – Board (NLRB) – Commission (FCC) – Corporation (FDIC) – Department (DOT) – Administration (SSA) – Authority (TVA)

Enabling statute Delegates powers to an administrative agency and establishes the scope of agency authority

The Administrative Procedure Act – Must give notice of proposed rule – Must take public comments and respond in final rule – Final rules must be published in the Federal Register

•Official chronological compilation of all rules (proposed, interim or final) and notices from federal agencies •Published every federal business day •F.R. or Fed. Reg.

• Official subject (topic) matter arrangement of regulations in force. • Final version of federal regulations • C.F.R.

The C.F.R. has references to the relevant Authority and Source Authority: Citation to enabling statute or Executive Order Source: Citation to where it appeared in Federal Register

Summary Federal Regulations • Authority from enabling statute in USC • Publication process – Proposed rules, comments, final rules in FEDERAL REGISTER – Official Final Rules codified by subject in CFR

Statutes v. Regulations Statutes Regulations •Passed by Congress •Issued by Agencies •Power from Constitution •Power delegated from Congress •Congress acts as representatives •Agencies must seek and consider for the will of the people public comments •Broad social, economic, legal goals •Specific legal requirements •Reviewed by Courts for •Reviewed by Courts for •Constitutionality •Constitutionality •Limits of delegated power •Arbitrary & Capricious