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

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Oct 30, 2022 34 likes •164 views

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

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Researching Regulations

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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?

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(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)

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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)

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Enabling statute

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

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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

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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.

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Official subject (topic)

matter arrangement of regulations in force.

Final version of federal

regulations

C.F.R.

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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

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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

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Statutes v. Regulations

Regulations

Issued by Agencies
Power delegated from Congress
Agencies must seek and consider

public comments

Specific legal requirements
Reviewed by Courts for
Constitutionality
Limits of delegated power
Arbitrary & Capricious

Statutes

Passed by Congress
Power from Constitution
Congress acts as representatives

for the will of the people

Broad social, economic, legal goals
Reviewed by Courts for
Constitutionality