Administrative Law Research(Federal and Washington State)

Bridge the Legal Research GapMay 20, 2009

Ann Hemmens

University of Washington Gallagher Law Library

Outline

• What is Administrative Law?• Federal Agency Rules & Decisions• Washington State Agency Rules & Decisions• Starting Points for Your Research

Which Branch of Government?

Constitution

Legislative

Statutes

Stat. & USCRCW

Judicial

Cases

US & Fed 3dP3d & Wash.

Executive

RegulationsAdministrative Decisions

CFR & FRWAC & 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 HandlingSystem Plan, 7 C.F.R. § 205.200 (2009)

Administrative Appeals ProcessThe 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 AgricultureDepartment of Ecology

Liquor Control BoardBoard of Pharmacy

• Gambling Commission• Transportation Commission

Example: Organic Food Grower in WA

The WA statute: Organic Food Products Act RCW 15.86

RCW 15.86.065State 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 CodeContains current state regulations

Washington Administrative CodeChapter 16-157

EXAMPLE: New Rule in Washington State RegisterWSR 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 SECTIONWAC 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 inRevised 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 inUnited 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

RegulationsStatutesDecisions

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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University of Washington Gallagher Law Library