Administrative Law
Fourth Branch of Government?
Legislative - makes the lawsExecutive - power to enforce and
implement the lawsJudicial - resolve disputes under the
laws
Where do administrative agencies fit in?
Agencies Have Power To:
promulgate regulationsadjudicate casesprosecute regulatory violationsconduct studiesinspect 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. . . . .
and
Enabling Statute
Identifies agency goalsIdentifies 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 petitionsagency 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 regulationsproposed regulationsSunshine Act meetingsOther notices
Comparison
Federal Register (agency regulations)
Code of Federal Regulations (codified regulations)
Washington counterparts: Washington Register and WAC
Statutes at Large (sessions laws)
United States Code (codified laws)
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 - LaborSubtitle B - Regulations relating to LaborChapter V - Wage and Hour DivisionSubchapter A - Regulations
Part 500 - Migrant and Seasonal Worker ProtectionSubpart C - Worker Protection
Section 81 - Payment of Wages When Due
Updating Federal Regulations
Check when volume last updatedConsult 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 - LaborSubtitle B - Regulations relating to LaborChapter V - Wage and Hour DivisionSubchapter A - Regulations
Part 500 - Migrant and Seasonal Worker ProtectionSubpart C - Worker Protection
Section 81 - Payment of Wages When Due
Updating the WAC
Is there a volume supplement?Consult Washington State Register
year-end 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 EmploymentStandards
Section 010 - Payment Interval
Washington State Administrative Decisions
Need Information on agencies? Try -Administrative Law Practice ManualWashington State YearbookWashington Home PageCD-LAWLEXIS/WESTLAWWashington Legal Research Deskbook,
ch. 4
Good Luck on Your Summer Research!!!